Cao v. Whirlpool Corp. et al., 2015 ONSC 1266

COURT FILE NO.: CV-09-382057

DATE: 20150225

SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

Cao, (Jason) Zhi Xiang

Plaintiff

-AND-

Whirlpool Corp. and Whirlpool Canada

Defendants

BEFORE: F.L. Myers J.

READ: February 25, 2015

endorsement

[1] This motion was referred to me by the registrar’s office pursuant to rule 2.1.01(7) following receipt of a written request of counsel for the defendants under subrule 2.1.01(6).

[2] The plaintiff’s action was dismissed by summary judgment granted by C. Brown J. dated April 6, 2011, 2011 ONSC 2151. Brown J. held that the defendants were not to blame for the problems that the plaintiff complained about.

[3] The plaintiff then brought a further motion to try to continue the proceeding. The motion was dismissed by order of Matlow J. dated February 26, 2014. Matlow J. confirmed to the plaintiff that “This action was dismissed by the judgment of Madam Justice Brown dated March 14/11”.

[4] The plaintiff has delivered a Notice of Motion dated January 27, 2015 purporting to schedule a motion before a judge on March 4, 2015. The motion is for an order requiring the defendants to provide discovery by way of responses to written interrogatories under Rule 35.

[5] The plaintiff does not seem to accept that this lawsuit has ended. The plaintiff’s continued pursuit of claims in face of binding judicial decisions to the contrary is a factor suggesting that this motion is frivolous and vexatious. The plaintiff should be provided with an opportunity to make written submissions as to why his motion should not be dismissed under Rule 2.1 as being frivolous, vexatious, and an abuse of the process of the court.

[6] On reviewing the material forwarded by the registrar, the court makes the following order:

a. Pursuant to subrule 2.1.01(3)(1), the registrar is directed to give notice to the plaintiff in Form 2.1A that the court is considering making an order under Rule 2.1.01 dismissing the motion scheduled for March 4, 2015;

b. Pending the outcome of the written hearing under rule 2.1 or further order of the court, the plaintiff’s motion is stayed pursuant to s.106 of the Courts of Justice Act, R.S.O. 1990, c.C.43[1];

c. The registrar shall accept no further filings in this action excepting only the plaintiff’s written submissions if delivered in accordance with rule 2.1.01(3);

d. The registrar shall release any appointment that may be scheduled for hearing of the plaintiff’s motion on March 4, 2015;

e. In addition to the service by mail required by 2.1.01(4) rule, the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the plaintiff and counsel for the defendants by email if it has their email addresses.

________________________________ F.L. Myers J.

Date: February 26, 2015

[1] See Gao v. Ontario WSIB et al., 2014 ONSC 6100 at para.