Court of Appeal for Ontario

Date: 2017-02-17

Dockets: M44332, M46611, M46612, M46614 & M46729

Panel: MacFarland, van Rensburg and Huscroft JJ.A.

Between

Clifton Anthony Damallie Plaintiff/Appellant

and

Dr. Peony Ping Defendant/Respondent

Counsel

Julia Lauwers for the defendant/respondent

Clifton Damallie, acting in person

Motion in writing

Endorsement

[1] This matter is referred to a panel of this court by order of Gillese J.A. dated July 27, 2016 pursuant to rule 2.1.01. This rule provides that the court may on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.

[2] This matter had its genesis in a Small Claims Court action brought by Mr. Damallie against Dr. Peony Ping. He alleged professional negligence in his dental treatment at the hands of Dr. Ping in February, 2012. His action was dismissed by Deputy Judge Shapiro on July 4, 2013.

[3] On January 8, 2014, Mr. Damallie brought a motion before Sachs J., sitting as a single judge of the Divisional Court for an extension of time to file a Notice of Appeal from the decision of the Deputy Judge. His motion was dismissed. Sachs J. found for reasons she gave, that the claim was without merit.

[4] On January 10, 2014, Mr. Damallie filed a notice of motion to set aside the order of Sachs J. On September 24, 2014 a three-judge panel of the Divisional Court dismissed that motion.

[5] On October 14, 2014 Mr. Damallie filed a notice of motion seeking leave to appeal to this court from the decision of the Divisional Court. He did not perfect his motion for leave within the time requirements of the Rules and since that time he has brought numerous motions before this court seeking extensions of time to bring his motion for leave and when refused, further motions to review the orders of the single judges of this court before a panel.

[6] He sought an extension of time before Weiler J.A. on April 8, 2015, and his motion was dismissed. He then sought to set aside Weiler J.A.'s order. He again failed to comply with the time requirements and appeared before Roberts J.A. on July 29, 2015, seeking an extension of time to review the order of Weiler J.A. and again, his motion was dismissed.

[7] In seeking to review Roberts J.A.'s order, again he missed time requirements and his motion was dismissed for delay by the Registrar. He sought to set aside the Registrar's order before Hourigan J.A. on February 17, 2016. Again his motion was dismissed.

[8] There have been further orders and further appearances. A motion seeking an extension of time to set aside the order of Hourigan J.A. was dismissed by Hoy A.C.J.O. on April 14, 2016.

[9] Further motions that were outstanding came on for hearing before Gillese J.A. on July 27, 2016. At that time, she issued a stay order covering all pending proceedings pending a referral to a panel of this court.

[10] Mr. Damallie simply does not accept the findings of the trial judge, the four judges of the Divisional Court and the many judges of this court that his action against Dr. Ping is without merit and has no chance of success.

[11] He continues to bring motions one after another, often without serving Dr. Ping or her counsel as he is required to do.

[12] We do not hesitate to conclude that these motions are frivolous, vexatious and an abuse of the process of the court.

[13] Any and all of the outstanding motions and any proceeding now before this court in the matter are dismissed.

[14] Further, it is ordered that Mr. Damallie may not bring any further motions or proceedings in this matter without leave of a judge of this court. Any such motion seeking leave must be made in writing and will only be accepted if proof of service on Dr. Ping's counsel is included with his materials at the time of filing.

[15] In addition, Mr. Damallie is required to satisfy all outstanding costs orders made against him by judges and the Registrar of this court before he may bring any such motion.

To date those orders are:

Amount	Judge/Officer	Date
$500.00	Weiler J.A.	April 8, 2015
$500.00	Roberts J.A.	July 29, 2015
$750.00	Registrar	December 4, 2015
$1,000.00	Hourigan J.A.	February 17, 2016
$750.00	Registrar	April 14, 2016
$3,500.00	Total

[16] An order will issue in accordance with these reasons.

"J. MacFarland J.A."

"K. van Rensburg J.A."

"Grant Huscroft J.A."