Citation and Court Information

CITATION: Rivette v. Children’s Aid Society of Windsor and Essex County, 2020 ONSC 5330

TEMPORARY DIV. CT. COURT FILE NO.: CVD-LON-61-20JR

DATE: 20200904

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: Rivette v. Children’s Aid Society of Windsor and Essex County

BEFORE: D.L. Corbett J.

DATE: September 4, 2020

IN CHAMBERS IN WRITING

Endorsement

[1] This court directed that Mr Rivette be given notice pursuant to R.2.1.01 that the court is considering dismissing his application pursuant to R.2.1.01. Mr Rivette responded a day later by delivering a 77 page document in which he says he summarizes everything that has happened to him in these matters. Subsequently, Mr Rivette has sent the court roughly 24 emails. In none of them does Mr Rivette set out a list of the decisions he is seeking to review or appeal in this court.

[2] Mr Rivette refuses to provide the court with a simple list of the decisions he wishes this court to review with particulars sufficient for this court – and adverse parties – to identify the basis of this appeal / application. Instead, Mr Rivette insists on recounting his entire story in response to the court’s direction that he list the decisions that he is challenging in this court. Consistent with Mr Rivette’s account of his dealings below, Mr Rivette has been clear that he is very angry and frustrated by this court’s handling of his application, and his ongoing emails reflect a pattern of derisive criticism of this court.

[3] I accept that Mr Rivette has disabilities and that the court has a duty to accommodate them to the point of undue hardship. The court has done this by explaining to Mr Rivette what the court requires on several occasions.

[4] Mr Rivette’s Notice of Application / Appeal does not state a case within the jurisdiction of this court. This court has no jurisdiction to “dismiss the defence” in a case proceeding in a lower court. Mr Rivette suggests that jurisdiction to do this can be found in s.137.1 of the Courts of Justice Act. That provision relates to proceedings that limit freedom of expression on matters of public interest. That has nothing to do with this case.

[5] Mr Rivette’s application / appeal is dismissed as frivolous, vexatious and an abuse of process within the meaning of R.2.1.01. This dismissal is without prejudice to Mr Rivette renewing his request with a properly drafted Notice of Application or Notice of Appeal that clearly identifies each of the decision(s) Mr Rivette is asking this court to review, as specified in this court’s prior endorsements. Any Notice of Application or Notice of Appeal from Mr Rivette that does not comply with this basic requirement will be dismissed summarily.

[6] Mr Rivette has not complied with this court’s direction to stop making threats to this court. His emails are replete with abuse directed at me and at the court, and with threats to appeal or complain to various other bodies, and some sort of legal process purportedly seeking an order removing me from office. All of that is unfortunate since the court has been trying to assist Mr Rivette to frame his case properly so that it may be dealt with on the merits. If Mr Rivette’s conduct continues, the court may make an order restricting communications with the court.

[7] Subject to further order, I am seized of triage / case management of any matters in Divisional Court involving Mr Rivette, anywehere in Ontario.

“D.L. Corbett J.”

Date: September 4, 2020