Superior Court of Justice - Ontario

CITATION: Nemmour v. Carson Durdle et al. 2015 ONSC 2561

COURT FILE NO.: CV-15-524642

DATE: 2015-04-20

RE: MOHAMED NEMMOUR, Plaintiff

AND:

CARSON DURDLE, SANDRA RICE, GORD TANNER, Defendants

BEFORE: F.L. Myers J.

READ: April 20, 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 lawyers for Gord (Gordon) Tanner under subrule 2.1.01(6).

[2] The statement of claim contains a very large number of allegations of wrongdoing against many named and un-named people. But what the plaintiff ultimately claims seems to be enforcement of the City of Toronto Shelter Standards and a Staff Code of Conduct. The plaintiff asks for staff and management accountability on issues that he raises concerning nutrition, unhealthy conditions, unsafe environment, lack of security and risk of physical harm to shelter residents. While these are important goals, there is nothing that a civil lawsuit can do to provide them to the plaintiff. For a plaintiff to sue people, he needs to set out in the statement of claim, facts that support legally recognized bases for a lawsuit to succeed.

[3] On its face, the statement of claim does not appear to do that at this time. Therefore the plaintiff should be sent a notice that the court is considering dismissing his lawsuit on the grounds that it is frivolous and vexatious on its face. The plaintiff will have an opportunity to explain in writing why he says that the statement of claim shows a valid basis for him to sue each of the defendants.

[4] 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 action;

b. Pending the outcome of the written hearing under rule 2.1 or further order of the court, the plaintiff’s action 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. 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: April 20, 2015

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