Court of Appeal for Ontario

Date: 2019-08-30 Docket: C66754

Judges: Lauwers, van Rensburg and Roberts JJ.A.

Between

Anatoly Kimaev Appellant (Plaintiff)

and

Sobeys Inc. Respondent (Defendant)

Counsel

Anatoly Kimaev, in person

Elizabeth Nixon and Eliot Kolers, for the respondent

Heard

August 27, 2019

On Appeal

On appeal from the order of Justice Koehnen of the Superior Court of Justice, dated February 28, 2019.

Reasons for Decision

[1] There is no reason to interfere with the order dismissing the appellant's action under r. 2.1. A review of the statement of claim discloses nothing that would amount to a cause of action against the respondent. The claim is plainly frivolous and an abuse of process on its face and the Superior Court justice did not err in dismissing the claim without inviting written submissions from the appellant. Further, even if the appellant had been given the opportunity to make written submissions, based on the appellant's factum and oral argument in this court, there is no prospect that the outcome would have been any different.

[2] The appeal is therefore dismissed. No costs.

P. Lauwers J.A.

K. van Rensburg J.A.

L.B. Roberts J.A.