ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CV-13-111-00SR
DATE: 2013-07-02
BETWEEN:
GREGORY GEORGE PAUL HUNT
Plaintiff
– and –
RBC LIFE INSURANCE COMPANY
Defendant
Self represented
Mark Cavanaugh, for the Defendant
HEARD: June 21, 2013 (Napanee)
endorsement
KERSHMAN J.
[1] This motion is brought by the Defendant to strike the Statement of Claim issued in action No. CV-13-111- 00SR (“13-111 Action”) without leave to amend and to dismiss the action on the following grounds:
pursuant to Rule 21.01(1)(b) and 25.11 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 that the Statement of Claim discloses no reasonable cause of action;
pursuant to Rule 21.01(3)(c), that there is another proceeding pending between the same parties with respect to the same subject matter;
pursuant to Rule 21.01(3)(d), that this action is frivolous, vexatious and an abuse of process of this Honourable Court.
[2] The Plaintiff opposes this motion alleging that:
there was a fraudulent misrepresentation or intention to deceive made by the Defendant and its counsel to the Plaintiff;
allegations of conspiracy; and
allegations of negligent duty of care.
[3] As quoted from the 13-111 Statement of Claim, the Plaintiff seeks the following damages:
“damages for conspiracy with intent to injure economically in the amount of $50,000;
special damages for the costs of the unnecessary motion estimated at the amount of $12,000; and
non-pecuniary general damages for negligence for pain and suffering in the amount of $30,000.”
Analysis
[4] The Court finds that the Statement of Claim in the 13-111 Action should be struck without leave to amend and the 13-111 Action shall be dismissed for the reasons set out below.
[5] The 13-111 Action involves the same parties as in action commenced CV-12-121-0000 (“12-121 Action”)
[6] The claim made in the 13-111 Action relates to the 12-121 Action. In para. 6 of the 13‑111 Statement of Claim, the Plaintiff specifically says:
“This current cause of action arises from fraudulent misrepresentations by RBC Life and their defence counsel during the course of a motion in those proceedings.”
[7] Having reviewed the Statement of Claim in the 13-111 Action, this Court notes that the Plaintiff is attempting litigate issues of conduct of the Defendant and/or its counsel in the 12-121 Action.
[8] Pursuant to Rule 21.01(1)(b) and Rule 25.11, this Court finds that the 13-111 Action discloses no reasonable cause of action. See Dawson v. Rexcraft Storage and Warehouse Inc., 1998 4831 (ON CA), 164 D.L.R. (4th) 257 at paras. 8-11 and Region Plaza Inc. v. Hamilton-Wentworth (Regional Municipality), 1990 6761 (ON SC), [1990], 12 O.R. (3d) 750, paras. 4-5.
[9] This Court finds that commencing a legal action in order to complain about a party’s conduct and/or counsel’s conduct in another action is not proper and is not the proper subject matter of a claim.
[10] The 12-121 Action is presently before the courts. Pursuant to Rule 21.01(3)(c), the Court finds that there is another action pending before the court between the same parties in respect to the same subject matter and accordingly this is a sufficient reason to dismiss the 13-111 Action: see Aristocrat v. Molot, 119 A.C.W.S. (3d) 755, paras. 8 and 11.
[11] The Defendant seeks an order that the Plaintiff not be allowed to commence further litigation without leave of the Court. The Court agrees with the Defendant based on this history of litigation between the parties. Accordingly, the Court orders that the Plaintiff not be allowed to commence any further proceedings against this Defendant without leave of the court.
Costs
[12] The Defendant shall have 14 days to submit written costs submissions together with a Costs Outline. The Plaintiff shall have a further 14 days thereafter to submit his costs submissions together with a Costs Outline. The Defendant shall have a further 14 days to reply. Costs submissions shall be no longer than three pages. All costs submissions shall comply with Rule 4.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194.
[13] Order accordingly.
Mr. Justice Stanley J. Kershman
Released: July 2, 2013
COURT FILE NO.: CV-13-111-00SR
DATE: 2013-07-02
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
GREGORY GEORGE PAUL HUNT
Plaintiff
– and –
RBC LIFE INSURANCE COMPANY
Defendant
short endorsement
Kershman J.
Released: July 2, 2013