Court of Appeal for Ontario

Date: August 12, 2019 Docket: M50686 (C67181) Judge: Pardu J.A. (In Chambers)

Between

Diaa Zouri Plaintiff (Appellant/Moving Party)

and

Intact Insurance Company Defendant (Respondent/Responding Party)

Counsel

Diaa Zouri, acting in person

Michael D. Orlan, for the respondent

Heard and Released Orally

August 12, 2019

Reasons for Decision

[1] The moving party, Mr. Zouri, seeks an extension of time to appeal from the orders of Koehnen J. dated February 4, 2019 and April 10, 2019.

[2] On February 4, 2019, Koehnen J. refused to dismiss the action as frivolous under rr. 2.1.01(1) and 2.1.01(6) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, and gave Mr. Zouri 90 days to file an amended statement of claim.

[3] The moving party made some amendments to the statement of claim but, on April 10, 2019, Koehnen J. struck out the amended statement of claim as frivolous and vexatious. He reminded the moving party/plaintiff that his previous order giving 90 days to amend the statement of claim was still enforced.

[4] The amended statement of claim fails to articulate any legal basis for a claim against Intact Insurance. The motion judge was correct in those circumstances to dismiss the action against Intact Insurance as frivolous and vexatious.

[5] The moving party has never sued the driver he said was responsible for an incident on February 15, 2016.

[6] The motion is therefore dismissed without costs. The respondent does not seek costs.

G. Pardu J.A.