COURT FILE NO.: CV-14–505749 DATE: 20150424
SUPERIOR COURT OF JUSTICE - ONTARIO
B E T W E E N:
Jeffery G. Tunney and Anne Langstroth
Plaintiffs
-AND-
51 Division Toronto Police, Crown’s Office College Park, Victim Witness Program, Duty Council College Parkhouse, Office of the Attorney General and Ministry of the Attorney General
Defendants
BEFORE: F.L. Myers J.
READ: April 24, 2015
endorsement
[1] By endorsement dated March 18, 2015, I directed the registrar to give notice to the plaintiff Tunney in Form 2.1A that the court was considering dismissing his action for being frivolous, vexatious, or an abuse of process. Mr. Tunney was invited to make submissions as to why the action should not be dismissed. Notice was sent by the registrar on March 20, 2015. No submissions have been received from Mr Tunney and the time for making submissions has lapsed.
[2] Mr. Tunney purports to sue on behalf of another plaintiff for whom he has no standing to act. None of the defendants are suable entities except the Attorney General. The claim states no cause of action and there is no discernable basis for liability of the Crown. Moreover, the nature of the claim is such that it is appropriate for this matter to be resolved using the attenuated process of Rule 2.1.
[3] The action is dismissed. The Attorney General is entitled to its costs, if demanded, to be paid by the plaintiff forthwith after assessment.
[4] The registrar is directed to send this endorsement to the plaintiff and to counsel for the defendants by emails if it has their email addresses. I dispense with any requirement that the plaintiff approve the formal order as to form and content. The registrar shall serve the formal order on the plaintiff in accordance with Rule 2.1.01(5).
F.L. Myers J.
Date: April 24, 2015

