Court of Appeal for Ontario

Citation: 2017 ONCA 851 Date: November 6, 2017 Docket: C63628

Judges: Sharpe, Rouleau and Fairburn JJ.A.

Parties

Between

David Clark Plaintiff (Appellant)

and

Sports Café Champions a.k.a. 1682211 Ontario Inc. Defendant (Respondent)

Counsel

David Clark, acting in person

John Philpott, for the respondent

Hearing

Heard and released orally: November 1, 2017

On appeal from: the order of Justice F.I. Myers of the Superior Court of Justice, dated December 21, 2016.

Reasons for Decision

[1] The appellant appeals a r. 2.1 order dismissing his claim as frivolous, vexatious and an abuse of process. He also asks this court to note the respondent in default for failing to file a proper statement of defence.

[2] We see no merit in this appeal. The r. 2.1 process was properly conducted. It was initiated by a letter to the registrar from the respondent, copied to the appellant, asking that the file be referred to a judge for consideration under the rule.

[3] The appellant was notified that the court was considering making a r. 2.1 order and given a chance to make written submissions. The motion judge provided thorough reasons explaining that the law offered no way to satisfy the appellant's claim regarding the isolation he feels and negative emotional impact he claims he suffered as a result of a series of events that flowed from an incident in the respondent's café where the respondent allegedly refused to provide ice in the drink of the appellant's disabled friend.

[4] We agree with the motion judge's assessment that this claim has no hope of success and that this was a proper case to invoke r. 2.1.

[5] As the action has been dismissed, there is no basis upon which we could strike the statement of defence or note the respondent in default.

[6] Like the motion judge, we have sympathy for the distress the appellant has suffered but unfortunately the courts are not the forum in which to address his issues.

[7] Accordingly, the appeal is dismissed.

[8] Costs to the respondent fixed at $2500, inclusive of taxes and disbursements.

Robert J. Sharpe J.A. Paul Rouleau J.A. Fairburn J.A.