SUPERIOR COURT OF JUSTICE - ONTARIO

CITATION: Lin v. Griether et al., 2015 ONSC 1541
COURT FILE NO.: CV-15-519481
DATE: 20150309

B E T W E E N:

Katherine Lin

Plaintiff

-AND-

Thomas Griether, I AM Saint Germain Church, Vancouver Police, Toronto Police

Defendants

BEFORE: F.L. Myers J.

READ: March 9, 2015

endorsement

[1] By endorsement dated February 18, 2015, under 2.1.01(3)(1), I directed the registrar to send a notice to the plaintiff in Form 2.1A that the court was considering making an order under Rule 2.1.01 dismissing the action. The notice invited the plaintiff to make written submissions as to why the court should decline to do so.

[2] The statement of claim is some 36 pages long. It concerns a number of issues involving the plaintiff and the defendants other than the Toronto Police. Those incidents occurred in Vancouver in or around 2009. She then apparently moved to Ottawa and then to Toronto. The statement of claim lists harassment that the plaintiff says that she has suffered from her employer in Ottawa, the Ontario Human Rights Tribunal, Pro Bono Law Ontario, and the Employment Insurance Commission. The relevancy of those issues is not apparent. Commencing at page 30 of her statement of claim, the plaintiff purports to claim against the Toronto Police for failing to stop crime. This relates to the loss of a keyboard that she says she ordered from Best Buy online. She also complains that the police did not protect her mail from the Ontario Human Rights Tribunal from being opened. She also complains that the police asked her to stop contacting a City Councilor. Finally, the plaintiff complains about harassment that she says she suffered at the hands of court staff regarding the filing of these proceedings.

[3] In my endorsement I wrote:

Reading the pleading generously, it appears to be frivolous and vexatious and incapable of succeeding on its face. The harassment that the plaintiff says she suffered does not appear to be the type for which one can sue. Specifically, the police do not owe a legal duty to a victim to investigate any particular alleged crime. Holmes v. White, 2014 ONSC 5809 (Div. Ct) at para 16. The plaintiff should be invited to make submissions in writing as to why the claim should not be dismissed at this time.

[4] I have now had the opportunity to review closely the written submissions delivered by the plaintiff. She provides many more details that, although unsworn, assist in making her story much more complete and understandable.

[5] The alleged wrongful dismissal, false arrest, and harassment in BC occurred in or before 2009 and have no connection with Ontario. The limitation period has long since expired on these causes of action in any event. These causes of action cannot possibly succeed and the action is therefore frivolous and vexatious in those respects. See Gao v. Ontario WSIB, 2014 ONSC 6497 at paras 9 and 22.

[6] The plaintiff’s complaints about alleged harassment by the police are actually quite particularized complaints of harassment at the hands of others that the police declined to investigate. As noted above, there is no private law duty of care requiring the police to investigate a particular alleged crime. People generally cannot sue the police for failing to investigate allegations that one asks them to investigate.

[7] Finally, the plaintiff’s allegations against the court and “two extremely sick judgments” which were not only patently correct, but actually included efforts by a judge to assist the plaintiff, establish that the plaintiff displays aspects of the behaviour of a vexatious litigant that justifies resort to rule 2.1 in this case.

[8] The action is therefore dismissed with costs. The court dispenses with any need to obtain the plaintiff’s approval of the form and content of the dismissal order. Costs, if demanded, are referred to an assessment officer.

[9] The registrar is to serve a copy of this endorsement and a Form 2.1A notice on the plaintiff at the address shown in the statement of claim and counsel for the defendants and shall also send copies by email if it has email addresses.

________________________________ F.L. Myers J.

Date: March 9, 2015