Court of Appeal for Ontario

Date: March 1, 2018 Docket: C64249 Judges: Juriansz, Rouleau and Miller JJ.A.

Between

Saeid H. Kashani Plaintiff (Appellant)

and

Algonquin College and Shaun Jaberolansar Defendants (Respondents)

Counsel

Saeid H. Kashani, acting in person

Charles Dobson and Ivana Bozinovic, for Algonquin College

Erin Durant, for Shaun Jaberolansar

Heard and released orally: February 26, 2018

On appeal from: the judgment of Justice Robert N. Beaudoin of the Superior Court of Justice, dated August 23, 2017.

Reasons for Decision

[1] The appellant commenced an action in the small claims court for breach of contract and then commenced a claim in the superior court that encompassed the same relief as claimed in the small claims court action, but added a number of additional claims.

[2] The judge summarized the allegations and remedies sought at paras. 9 and 10 of his reasons. After describing some of the claims in more detail the judge observed the defendants could not reasonably respond to the claim as drafted and the claim failed to disclose any reasonable cause of action. He recognized that the appellant may have a viable claim for breach of contract but noted that claim was still outstanding in the small claims court. The appellant had not followed proper procedure in trying to have the small claims court action transferred to the superior court, with the result the appellant was attempting to litigate matters that were already before the small claims court.

[3] The judge found the breach of contract claim in the superior court action was abusive and struck out the entire claim in the superior court under r. 2.1 as frivolous or vexatious and an abuse of process.

[4] We see no error. Because the appellant had not followed proper procedure in trying to have his claim transferred to the superior court, he did indeed have duplicative claims in two different courts. That is abusive.

[5] The claims the appellant added to the superior court action did not disclose reasonable causes of action or sought relief the court could not grant. In the circumstances at the time before him, the judge below was correct in dismissing the entire superior court action.

[6] Consequently, the appeal is dismissed. We note that the respondent college acknowledges the appellant can still pursue his small claims court action or bring a motion seeking to transfer it to the superior court. The appellant can also still bring a motion in small claims court seeking further disclosure as contemplated in the order dated March 15, 2017.

[7] Costs are awarded to Algonquin College fixed in the amount of $5,000 all-inclusive, and those of the individual fixed at $3,000 all-inclusive.

"R.G. Juriansz J.A."

"Paul Rouleau J.A."

"B.W. Miller J.A."