Court of Appeal for Ontario

Citation: Ibrahim v. Toronto Transit Commission, 2016 ONCA 234 Date: 2016-03-31 Docket: C61031

Judges: Feldman, Gillese and Brown JJ.A.

Between:

Samir Ibrahim Applicant (Appellant)

and

Toronto Transit Commission Respondent (Respondent)

Counsel: Samir Ibrahim, acting in person Andrew Davidson, for the respondent

Heard: March 24, 2016

On appeal from the order of Justice Frederick L. Myers of the Superior Court of Justice, dated June 17, 2015, with reasons reported at 2015 ONSC 3912.

Endorsement

[1] Mr. Ibrahim was denied Wheel-Trans service in December of 2010. He issued a statement of claim dated April 25, 2013 (amended December 18, 2013), consisting of 11 paragraphs setting out his complaints about the poor service Wheels-Trans provided to him, the unsatisfactory service it provided to him, and the difficulties he has suffered as a result of being denied service.

[2] The Toronto Transit Commission (“TTC”) brought a motion to strike. Mr. Ibrahim did not appear in court on the scheduled date, and the motion did not proceed. However, the motion judge directed the registrar to send Mr. Ibrahim a notice that the court was considering making an order staying or dismissing the proceeding under rule 2.1.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194.

[3] After receiving written submissions from Mr. Ibrahim, the motion judge determined that the action could not succeed as pleaded and, therefore, was fairly classified as frivolous on its face. By order dated June 17, 2015, the within action was dismissed (the “Order”).

[4] Mr. Ibrahim appeals.

[5] We see no basis on which to interfere with the Order below. The statement of claim discloses no cause of action.

[6] We would encourage Mr. Ibrahim to consider the motion judge’s careful explanation for how Mr. Ibrahim might seek relief within the government system and beyond, once the appeal process was exhausted.

[7] Accordingly, the appeal is dismissed. We would make no order as to costs.

“K. Feldman J.A.”

“E.E. Gillese J.A.”

“David Brown J.A.”