Court File and Parties

Citation: Clarke v. Canadian Human Rights Commission et al. 2015 ONSC 2564

Court File No.: CV-15-519143

Date: 20150420

Superior Court of Justice - Ontario

Re: NICOLE MAKEBA CLARKE, Plaintiff

And: CANADIAN HUMAN RIGHTS COMMISSION, WILLIAM OSLER HEALTH SYSTEM, Defendants

Before: F.L. Myers J.

Heard: April 20, 2015

Endorsement

[1] By endorsement dated March 18, 2015, reported as 2015 ONSC 1789, I directed the registrar to give notice to the defendant William Osler Health System that its submissions were sought under Rule 2.1.01(3)(5) concerning the submissions delivered by the plaintiff under Rule 2.1.01(3)(2).

[2] On March 20, 2015 the registrar sent the appropriate notice to William Osler Health System. No submissions have been received from that defendant although more than the allotted time has since passed.

[3] On April 1, 2015, the plaintiff discontinued her action against the Canadian Human Rights Commission thereby executing in good faith the undertaking made in her submission of March 5, 2015.

[4] What remains is a statement of claim that is not in regular form that is supplemented by submissions that establish the basis for the plaintiff to at least assert a cause of action against the remaining defendant. Reading the statement of claim generously, I would not find that the action is frivolous, vexatious, or an abuse of process. Accordingly the action may continue. The plaintiff would be well advised to obtain legal assistance as to the appropriate format for statements of claim and to amend hers accordingly.

[5] This process was started by counsel for the Canadian Human Rights Commission which was successful in having the claim against it resolved. William Osler Health System neither commenced nor participated in the process. Therefore there is no reason to consider a costs order against it.

[6] Nothing in this endorsement is intended to limit or affect in any way any issue that any of the remaining parties may raise in the litigation in future concerning the sufficiency of any pleadings or any other issue under the Rules of Civil Procedure.

F.L. Myers J.

Date: April 20, 2015