Court File and Parties
Court File No.: CV-21-00667587-0000 Date: 2024-04-10 Ontario Superior Court of Justice
Re: Bradley Court Limited, Plaintiff (defendant by counterclaim) -and- Christopher Tinkasimire, Defendant (plaintiff by counterclaim)
Before: Robert Centa J.
Counsel: Brock Turville, for the plaintiff (defendant by counterclaim) Christopher Tinkasimire, self represented
Heard: April 10, 2024
Endorsement
[1] The registrar’s office referred this matter to me pursuant to rule 2.1.01(7) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, following receipt of a written request from lawyers for the plaintiff (defendant by counterclaim), Bradley Court Limited, under rule 2.1.01(6). The main action was dismissed on consent and Bradley Court Limited has asked the court to consider Mr. Tinkasimire’s counterclaim.
[2] I have reviewed the counterclaim and it appears to me that it may be frivolous and vexatious. Mr. Tinkasimire should have the opportunity to make submissions as to why the counterclaim should not be dismissed pursuant to rule 2.1.01(1). I make the following order:
a. pursuant to subrule 2.1.01(3)(1), the registrar is directed to give notice to Mr. Tinkasimire in Form 2.1A that the court is considering making an order under rule 2.1.01 dismissing the counterclaim as frivolous or vexatious or otherwise an abuse of the process of the court;
b. pending the outcome of the written hearing under rule 2.1 or further order of the court, the counterclaim is stayed pursuant to s.106 of the Courts of Justice Act, R.S.O. 1990, c.C.43; [1]
c. The registrar shall accept no further filings in this action except for the Mr. Tinkasimire’s written submissions if delivered in accordance with rule 2.1.01(3);
d. In addition to the service by mail required by 2.1.01(4) rule, the registrar is to serve a copy of this endorsement and a Form 2.1A notice on Mr. Tinkasimire and counsel for Bradley Court Limited by email, if the registrar has their email addresses.
[3] I am seized of this matter.
Robert Centa J. Date: April 10, 2024
[1] See Gao v. Ontario WSIB et al., 2014 ONSC 6100 at para.