ONTARIO

SUPERIOR COURT OF JUSTICE

BARRIE COURT FILE NO.: 11-0333 and 11-0512
DATE: 20120120

B E T W E E N

Wayne Dyce

Wayne Dyce, Self-represented

Plaintiff

• and -

Debora Lyons-Batstone, Linda Paterson-Kelly, Megan Hubbard, Irene Hubbard, Petronella Hubbard

Debora Lyons-Batstone, Self-repesented, and for Linda Paterson-Kelly, Megan Hubbard, Irene Hubbard and Petronella Hubbard

Defendants

Christopher Thompson, for Eberhard J.

AND BETWEEN

Megan Hubbard

Debora Lyons-Batstone, for Megan Hubbard

Applicant

• and -

James Dyce and Wayne Dyce

James Dyce, Self-represented Wayne Dyce, Self-represented

Respondents

HEARD: August 2, September 6, 2011

Table of Contents

I. Orders Sought in Court File No. 11-0333: Dyce v . Lyons-Batstone
II. Orders Sought in Court File No. 11-0512: Hubbard v . DYCE
III. BACKGROUND
IV. Litigation involving Wayne Dyce

1. Dyce v. Dyce
2. Dyce v. Ontario
3. Dyce v. Lyons-Batstone
4. Small Claims Action
5. Appeals
   V. PRELIMINARY MOTIONS BROUGHT BY WAYNE DYCE AT THE HEARING OF THIS APPLICATION AND MOTION
6. August 2, 2011 Attendance
7. September 6, 2011 Attendance
   VI. THE DEFENDANTS’ MOTION IN COURT FILE NO. 11-0333
8. Motion to Dismiss the Statement of Claim
   a. The Statement of Claim
   b. The Law
   c. Analysis
9. Other Relief Sought by the Defendants
   VII. MEGAN HUBBARD’S APPLICATION IN COURT FILE NO. 11-0512
10. The Law
11. Analysis – Wayne Dyce
12. Analysis – James Dyce
    VIII. TERMS OF THE ORDER
13. Wayne Dyce
14. James Dyce
    IX. CONCLUSION

REASONS FOR DECISION

McEWEN J.

[ 1 ] This hearing dealt with a motion brought by the defendants in court file no. 11-0333 and an application brought by Megan Hubbard in court file no. 11-512. Megan Hubbard is also one of the defendants in action no. 11-0333.

I. Orders Sought in Court File No. 11-0333: Dyce v . Lyons-Batstone

[2] In this action, the defendants, Debora Lyons-Batstone, Linda Paterson-Kelly, Megan Hubbard, Irene Hubbard and Petronella Hubbard, bring a motion seeking the following orders:

1. For an order adding James Dyce as a full party to this proceeding.

2. For an order declaring Wayne Dyce and James Dyce frivolous and vexatious litigants and further an order that restricts their access to the civil Courts of Ontario, at all levels, without leave of the Superior Court of Justice at Barrie to proceed.

3. For an order dismissing the current proceeding on the basis that it is frivolous and vexatious, or alternatively, dismissing the current proceeding on the basis that it does not disclose a cause of action.

4. Alternative to the above requested relief, an order that sets aside noting of default against the defendants Megan Hubbard, Debora Lyons-Batstone and Irene Hubbard and further an order that permits the defendants to file a joint statement of defence, in accordance with paragraph 4 herein, and;

5. An order that permits the defendants to file a joint statement of defence within 20 days after all the defendants have properly been served, and;

6. An order that Wayne Dyce and James Dyce each post security for costs in the amount of $25,000.00 within 30 days after the statement of defence is filed and;

7. An order that Wayne Dyce and James Dyce are not to take any steps in the proceeding until the security is posted with the court.

8. Costs of this motion on a full recovery basis.

II. Orders Sought in Court File No. 11-0512: Hubbard v . Dyce

[3] In this application, Megan Hubbard seeks the following orders:

(a) An order finding Wayne Dyce to be a frivolous and vexatious litigant and that he may not institute any legal proceedings in any court in Ontario except by leave of a judge of the Superior Court of Justice in Barrie, Ontario.

(b) An order finding James Dyce to be a frivolous and vexatious litigant and that he may not institute any legal proceedings in any court in Ontario except by leave of a judge of the Superior Court of Justice in Barrie, Ontario.

(c) An order that the proceeding commenced before the Court of Appeal for Ontario in court file no. M39650 not be continued.

(d) An order that the purported appeals before the Court of Appeal for Ontario of the decision of His Honour Justice O’Connell not be continued.

(e) An order that the civil proceedings commenced against Debora Lyons-Batstone, Linda Paterson-Kelly, Megan Hubbard, Petronella Hubbard and Irene Hubbard in court file no. 11-0333 not be continued.

(f) Costs of this proceeding on a full recovery basis in the amount of $10,000.00 to be paid prior to the respondents seeking any future leave to institute proceedings or continue proceedings.

III. BACKGROUND

[4] Wayne Dyce and Megan Hubbard met on the internet. They were involved in a tumultuous relationship between June 2007 and April 2008. They never married. Their child, Jaxon Hubbard (“Jaxon”) was conceived during their relationship. He was born on December 9, 2008. Megan Hubbard has never been married. Wayne Dyce has been married on three previous occasions: see Dyce v. Hubbard , 2011 ONSC 29 , at paras.1-2.

[5] Wayne Dyce commenced litigation, bearing court file no. FC-08-1084, against Megan Hubbard before Jaxon was born (“the family law litigation”). Since 2007 there has been a plethora of litigation between Wayne Dyce and Megan Hubbard. There has also been ongoing litigation between Wayne Dyce’s father, James Dyce, and Megan Hubbard. James Dyce has sought to enforce his rights of access as Jaxon’s grandfather. As will be outlined below he has also been closely involved in Wayne Dyce’s litigation against Megan Hubbard.

[6] At the hearing of the motion, Megan Hubbard filed as Exhibit “A” to her affidavit a chronological history of most of the proceedings that have transpired to date. I have attached as Schedule “A” to my reasons for decision, a copy of the document which is entitled “History of Dyce Litigation.”

[7] Unfortunately, although Schedule “A” is a somewhat useful guide, it is not entirely accurate and does not include copies of all of the endorsements with respect to the family law litigation that has been carried on between Wayne Dyce, James Dyce and Megan Hubbard. Some endorsements have inexplicably been left out by counsel for Megan Hubbard. At the same time, Wayne and James Dyce did not file any materials to assist the court. Accordingly, I was left with the difficult task of trying to recreate all of the litigation that has taken place, and I have attempted to do so below. It would have been of great benefit to the court if the parties, particularly the moving parties, had provided an accurate and comprehensive accounting of the previous litigation given the seriousness of the matters before the court.

(Decision continues exactly as in the source text...)

Justice T. McEwen

Released: January 20, 2012

[^1]: This decision was released after the hearing of the application and motion. Accordingly, I asked for written argument as to what, if any, import I should give to his decision. Ms. Lyons-Batstone delivered submissions. James Dyce, for whatever reason, delivered a blank page signed by him. Wayne Dyce did not respond.