Vasiliou v. Hallett et al., 2015 ONSC 3207

COURT FILE NO.: CV-15-527317
DATE: 20150520

SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

GEORGE VASILIOU

Plaintiff

-and-

OLGA HALLETT, EKATERINI VASILIOU, SENDER HERSCHORN, MARC KOPLOWITZ, DAVID C. BESANT AND ALFRED C. DEVENPORT, OFFICIAL EXAMINER AND COMPANY

Defendants

BEFORE: F.L. Myers J.

READ: May 19, 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 counsel to the defendants Sender Herschorn and Mark Koplowitz under subrule 2.1.01(6).

[2] The action concerns the plaintiff’s failed attempts to challenge the will of his late mother. It appears that he has rolled forward his unsuccessful arguments and added to the defendants his former lawyers and an official examiner. On its face the action appears frivolous, vexatious and an abuse of process of the court. In light of the description of the allegations above, this action appears to be one that may be suited to the abbreviated process under Rule 2.1 as discussed in Gao v. Ontario WSIB, 2014 ONSC 6497 at para. 17.

[3] Therefore, the plaintiff should be invited to file written submissions as to why this action should not be dismissed in full under Rule 2.1 at this time.

[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 each of the defendants by email if it has their email addresses.

________________________________ F.L. Myers J.

Date: May 20, 2015

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