Park v. Short, 2015 ONSC 1292

COURT FILE NO.: CV-15-519358
DATE: 20150226

SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

Young Park

Plaintiff

-AND-

Donald Short

Defendant

BEFORE: F.L. Myers J.

READ: February 26, 2015

endorsement

[1] This action was referred to me by the registrar’s office pursuant to rule 2.1.03(2) following receipt of a written request of counsel for the defendant.

[2] By order dated March 4, 2013, Morgan J. prohibited the plaintiff from instituting any proceedings in any court in Ontario without obtaining permission to do so under subsection 140(3) of the Courts of Justice Act R.S.O. 1990, c.C.43 (the “Act”). The order was made based upon the finding made by Morgan J. that the plaintiff had persistently and without reasonable grounds conducted a proceeding in the courts of Ontario in a vexations manner within the meaning of subsections 140(1)(a) and (b) of the Act.

[3] Rule 2.1.03(1) provides that if the court determines that a person who is subject to an order sunder subsection 140(1) of the Act has instituted a proceeding without the order having been rescinded or leave granted for the proceeding to be instituted, “the court shall make an order staying or dismissing the proceeding”.

[4] The claim seems to relate to a settlement of a prior piece of litigation. The case was settled in 2008 at or after a pre-trial conference. The defendant may have been the plaintiff’s lawyer at that pre-trial conference. The plaintiff claims that the defendant forced her to sign the settlement documents that she did not want to sign. She made repeated efforts to set aside the settlement all of which were rejected by various judges of this court and the Court of Appeal. It was her conduct in those proceedings that led to the order of Morgan J. declaring the plaintiff to be a vexatious litigant.

[5] In her statement of claim, the plaintiff lists multiple efforts to sue others and engage in an assortment of court proceedings despite the injunction granted by Morgan J. prohibiting her from doing so. She notes that many of her efforts to commence proceedings were rejected by various court offices. This one somehow leaked through despite the plaintiff’s failure to seek or obtain leave to sue as required under subsection 140(3) of the Act and Justice Morgan’s order.

[6] In paragraph 79 of her statement of claim, the plaintiff recites some of her efforts to try to sue the lawyers for the opposite party in her original litigation. She pleads that the lawyers threatened to seek costs against her, and “[a]s a result of the above I realized that I have to make a claim against [the defendant] for forcing me to sign the original Settlement at the pre-trial conference”.

[7] Rule 2.1.03(1) is mandatory. I am required to make an order either staying or dismissing the plaintiff’s claim because the order of Morgan J. has not been rescinded and the plaintiff has not obtained leave to sue under subsection 140(3) of the Act. There is no reason to stay the action. The plaintiff has brazenly ignored the injunction ordered by Morgan J. This claim is brought more than seven years after the events and then only as an afterthought once the plaintiff had been unsuccessful in suing everyone else that she could including efforts to sue the Attorneys-General of Ontario and Canada.

[8] This action is dismissed. The court dispenses with any requirement that the plaintiff approve the form or content of the formal order dismissing the action. If the defendant has incurred assessable costs, it may submit no more than two pages of submissions to my Assistant by email on or before March 6, 2015. The plaintiff has no right of audience to be part of the costs proceedings as she is in breach of an order of this court.

[9] The registrar is directed to send a copy of this endorsement to the plaintiff and to counsel for the defendat. Pursuant to Rule 2.1.03(3) the registrar is directed to serve a copy of the formal order dismissing the action by mail on the plaintiff at the address contained in her statement of claim and on counsel to the defendant.

[10] The registrar shall not accept any further filings from the plaintiff in this action.

________________________________ F.L. Myers J.

Date: February 26, 2015