Proctor v. Penske Truck Leasing, 2025 ONSC 2563

Court File No.: CV-25-00739559-0000
Date: 2025-04-28
Ontario Superior Court of Justice

Between:
Dana Proctor, Plaintiff
-and-
Penske Truck Leasing, Defendant

Before: Robert Centa

Counsel:
Dana Proctor, self-represented plaintiff
Jillian Van Allen, for the defendant

Heard: 2025-04-25

Endorsement

[1] The registrar’s office referred this motion 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 defendant, under rule 2.1.01(6).

[2] I have reviewed the statement of claim and it appears to me that it may be frivolous and vexatious. The plaintiff should have the opportunity to make submissions as to why the claim should not be dismissed at this time.

[3] On reviewing the material forwarded by the registrar, I make the following order:

a. Pursuant to subrule 2.1.01(3)(1), the registrar is directed to give notice to the plaintiff in Form 2.1A that the court is considering making an order under Rule 2.1.01 dismissing the action;

b. Pending the outcome of the written hearing under rule 2.1 or further order of the court, the plaintiff’s action is stayed pursuant to s.106 of the Courts of Justice Act, R.S.O. 1990, c. C.43;

c. The registrar shall accept no further filings in this action excepting only the plaintiff’s written submissions if delivered in accordance with rule 2.1.01(3);

d. In addition to the service by mail required by rule 2.1.01(4), the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the plaintiff and counsel for each of the defendants by email if the registrar has their email addresses.

[4] I will remain seized of this matter.

Robert Centa
Date: 2025-04-28