DATE: 20050124

DOCKET: C42021

COURT OF APPEAL FOR ONTARIO

RE:

ANTONY TSAI (Appellant) – and – JULIAN FANTINO, MICHAEL OOSTWOUD, KENNETH PETRIE (Respondents)

BEFORE:

MACPHERSON, CRONK and LANG JJ.A.

COUNSEL:

Antony Tsai

the appellant – in-person

Robert J. Baldwin

for the respondent

HEARD & ENDORSED:

January 21, 2005

On appeal from order of Justice Russell G. Juriansz of the Superior Court of Justice dated August 14, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant commenced an action against Chief of Police Julian Fantino and police officers Michael Oostwoud and Kenneth Petrie based on his alleged mistreatment at the Bi-Way Store at the Jane Finch Mall on March 7, 1997, when he was suspected of shoplifting.

[2] On a motion brought by the respondents, Juriansz J. struck out the statement of claim, without leave to amend, and dismissed the action. He did so on three bases:

(1) The statement of claim failed to comply with the requirement of the Rules of Civil Procedure that it set out a concise statement of the material facts on which the plaintiff relies;

(2) A large part of the statement of claim was legally scandalous and legally embarrassing because of the plaintiff’s many comments, asides and suppositions about individuals other than the defendants had no relevance to his claim against the defendants; and

(3) The statement of claim disclosed no reasonable cause of action against any of the three defendants.

[3] The appellant does not appeal the component of the motion court judge’s judgment relating to Chief Fantino. With respect to the appeal relating to the other defendants, we agree with the reasons and disposition of Juriansz J.

[4] The appeal is dismissed without costs. The order may be entered without formal approval of the appellant.