ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CV-12-450582
DATE: 20120625
BETWEEN:
JOHN FOOTE Applicant – and – RAYMOND KIM Respondent
Brendan Gray , for the Applicant
Eli Lipetz , for Marcel Charland
Zohar R. Levy , for D’Arcy Gagnon
Geoffrey Breen , for Shelley Cornack
Robert L. Kleinman , for Michael Cooke
Anthony Cole , for Nirtal Shah and Michael Barthman
Michele M. Warner , for Leslie Vieni
Jennifer Varcoe , for Melanie Little
HEARD: June 19, 2012
Whitaker J.
[ 1 ] This is an application for a vexatious litigant declaration against Mr. Raymond Kim, pursuant to section 140 of the Courts of Justice Act R.S.O. 1090, Chapter C 43 , s. 140(1).
[ 2 ] The application was granted at the hearing. What follows are my reasons.
[ 3 ] The applicant Dr. John Foote is a defendant in a medical malpractice action brought by the respondent Mr. Kim.
[ 4 ] I have been appointed to act as a case management judge in 6 of the defended matters brought by Mr. Kim.
[ 5 ] This application was scheduled to be heard on June 19, 2012 at 9 A.M.
[ 6 ] Mr. Kim had notice of the hearing.
[ 7 ] When Mr. Kim did not appear , I delayed the hearing for 30 minutes to provide Mr. Kim with more time in case he was detained on his way to court.
[ 8 ] After half an hour, Mr. Kim did not appear or send a message to the court to indicate that he would not attend. At this point the hearing began.
[ 9 ] Following submissions from the applicant, the application was granted with reasons to follow. I signed the order at the conclusion of the hearing.
[ 10 ] The original action by Mr. Kim against Dr. Foote commenced in December of 2010. The action consisted of a claim brought by Mr. Kim against Dr. Foote for medical malpractice in prescribing a topical ointment for a burn.
[ 11 ] This action was dismissed on a summary judgment motion and not appealed.
[ 12 ] In January of 2012, Mr. Kim commenced the same action again, against Dr. Foote. A new motion has been brought by Dr. Foote to have the second action dismissed as an abuse of process.
[ 13 ] In January of 2012, Mr. Kim commenced sixteen separate actions against twenty nine defendants, most of whom are medical professionals or work as investigators or administrators in the various Colleges of regulated health professions.
[ 14 ] Amongst the January actions, twelve fail to disclose a cause of action. Two actions are brought against adverse counsel who have represented defendants in actions brought by Mr. Kim. Seven actions relate to employees of the various health Colleges.
[ 15 ] Mr. Kim has threatened litigation against other counsel acting for defendants in actions commenced by him.
[ 16 ] Mr. Kim is self represented in all matters.
[ 17 ] In various actions Mr. Kim refers to or challenges his diagnosis of schizophrenia.
[ 18 ] The courts have identified a number of factors which may be indicative of vexatious proceedings ( McTeague v. Kalevar , 2005 Carswell Ont 337 (S.C.J.) at paras 37-61 ):
(a) bringing one or more actions to deal with a dispute already decided by the court;
(b) where it is obvious that an action cannot proceed or nothing of any use can be accomplished by maintaining the action;
(c) actions brought for improper or collateral purposes;
(d) actions based on grounds rolled forward into subsequent actions, repeated and supplemented;
(e) actions against counsel who have acted against the litigant;
(f) patterns of litigious conduct.
[ 19 ] In a variety of ways, each of these factors may be identified in Mr. Kim’s behaviour and conduct before the court.
[ 20 ] In the interests of justice and to protect the court’s process and honest potential defendants, I declare Mr. Raymond Kim a vexatious litigant.
[ 21 ] Mr. Kim is ordered not to commence any further proceedings in any court except by leave of a judge of the Superior Court of Justice.
Whitaker J.
Released: June 25, 2012
COURT FILE NO.: CV-12-450582
DATE: 20120625
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
JOHN FOOTE Applicant – and – RAYMOND KIM Respondent
REASONS FOR JUDGMENT
Whitaker J.