Court of Appeal for Ontario

Date: 2019-02-22 Docket: C65978

Judges: Hourigan, Benotto and Huscroft JJ.A.

Between

Chuang Ma Appellant

and

City of Ottawa Respondent

Counsel

Chuang Ma, in person

Jeremy Wright, for the respondent

Heard

February 21, 2019

On Appeal

On appeal from the judgment of Justice Robert Beaudoin of the Superior Court of Justice, dated September 6, 2018.

Appeal Book Endorsement

[1] The appellant appeals from the endorsement of the motion judge dismissing his action pursuant to r. 2.1.01.

[2] We see no basis to interfere with the decision of the motion judge. The essence of the appellant's claim is that the Ottawa Police Service ought to have prevented an unnamed person from putting up posters stating that he was a spy. The motion judge correctly concluded that the respondent is not responsible at law for the torts of the officers of the Ottawa Police Service. The claim does not disclose a cause of action and is frivolous, vexatious and an abuse of process. The appeal is dismissed. The appellant shall pay the respondent's costs of the appeal in the all-inclusive sum of $100.