COURT OF APPEAL FOR ONTARIO

CITATION: Kavuru v. Public Guardian and Trustee, 2016 ONCA 758

DATE: 20161014

DOCKET: C61517

Simmons, LaForme and Pardu JJ.A.

BETWEEN

Kodanda Kavuru

Plaintiff/Appellant

and

Ontario Public Guardian and Trustee

and Attorney General (Ontario)

Defendants/Respondents

Kodanda Kavuru, in person

Eunice Machado, for the respondents

Heard: in writing

On appeal from the order of Justice F.L. Myers of the Superior Court of Justice, dated December 9, 2015.

ENDORSEMENT

[1] This appeal was dealt with in writing by direction of the list judge.

[2] The appellant appeals from an order dated December 9, 2015 dismissing his action under rule 2.1 of the Rules of Civil Procedure, O. Reg. 194.

[3] The motion judge determined that the Divisional Court is not a suable entity and that a claim against the Province for an allegedly wrong decision of that court is frivolous and vexatious. He also held that there was no merit in the appellant’s action against the Public Guardian and Trustee for its conduct in settling prior actions on the appellant’s behalf as the settlements were approved by the Divisional Court. In addition, he found that the appellant has no cause of action against the Public Guardian and Trustee for solicitor’s negligence because it did not act in the capacity of the appellant’s solicitor. Similarly, he concluded that the Public Guardian and Trustee’s counsel owed its duties to the Public Guardian and Trustee and not to the appellant.

[4] We see no error in the motion judge’s conclusion that the appellant’s claim was devoid of merit or in his reliance on the history of the prior proceedings to address the rule 2.1 issue.

[5] The prior proceedings formed the subject matter of the appellant’s action and were incorporated by reference into his statement of claim.

[6] Viewed in the context of the prior proceedings, the motion judge’s findings concerning the merits of the appellant’s action are obvious on their face and support the dismissal of the claim under rule 2.1.

[7] The appeal is therefore dismissed.

“Janet Simmons J.A.”

"H.S. LaForme J.A.”

"G. Pardu J.A."