Court File and Parties

Citation: Di Marco et al. v. Lattuca et al. 2015 ONSC 2341 Court File No.: CV-14-506636 Date: 2015-04-10 Superior Court of Justice - Ontario

Re: Giuseppe Di Marco and Di Marco Legal Services Professional Corporation, Plaintiffs And: Vincenzo Lattuca, 1753335 Ontario Inc., Norma Lattuca, Pierangela Lattuca, George Gligoric, Hamilton Police Services and Ministry of the Attorney General (Civil), Defendants

Before: F.L. Myers Heard: April 10, 2015

Endorsement

[1] By endorsement dated February 19, 2015, the court directed the registrar to give notice to the plaintiff that the court was considering dismissing this action under Rule 2.1. Notice in the prescribed form was duly sent. No submissions have been received from the plaintiff although more than the prescribed time has elapsed.

[2] On the face of the statement of claim, there is no cause of action stated against the defendants Gligoric, Hamilton Police Services, and Ministry of the Attorney General (Civil). Moreover, the statement of claim itself discloses that the same issues have already been joined among the remaining parties in an existing matter before the court in Hamilton. Three actions have since been brought by the plaintiff in the Small Claims Court and those actions have all been stayed pending the outcome of the Hamilton action.

[3] It is apparent on the face of the pleading that it is an effort to re-litigate the Hamilton action and is therefore an abuse of process. Moreover, it has no reasonable prospect of success against the newly added defendants. Furthermore, rolling forward matters from another proceeding while adding counsel opposite and government officials as parties is a sign of vexatiousness as discussed in Gao v Ontario WSIB, 2014 ONSC 6497.

[4] Therefore, the action is dismissed. Costs, if sought, are payable by the plaintiff to the defendants after assessment.

[5] The registrar shall send this endorsement to the parties by regular mail and email for those whose email addresses it has. The registrar shall serve the formal order on the plaintiff by mail as provided in Rule 2.1.01(5).

F.L. Myers J.

Date: April 10, 2015