Brown v. Fred Victor Organization et al., 2015 ONSC 3421

CITATION: Brown v. Fred Victor Organization et al., 2015 ONSC 3421

COURT FILE NO.: CV-15-525102

DATE: 20150528

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: GARY DAVID BROWN, a.k.a. GARY DAVID ROBERT BROWN, Plaintiff

AND:

FRED VICTOR ORGANIZATION, WYNN GROUP OF COMPANIES, ONTARIO PUBLIC SERVICE EMPLOYEES UNION, all the past and present assigns and agents thereof and all the heirs and successors of same, Defendants

BEFORE: F.L. Myers J.

HEARD: May 27, 2015

ENDORSEMENT

[1] By endorsement dated April 27, 2015, reported at 2015 ONSC 2728, I directed the registrar to give notice to the plaintiff that the court was considering dismissing this proceeding under rule 2.1 for being frivolous and vexatious. The notice was duly provided. I have received a submission from the plaintiff although it was not properly filed with the court office.

[2] At para. 2 of my prior endorsement I wrote:

[2] The statement of claim appears on its face to be frivolous, vexatious, or an abuse of process. The plaintiff’s complaints are not readily discernable. Most are phrased as failures by the various defendants to respond to offers to settle sent to them by the plaintiff. That is not a basis to sue someone. The statement of claim does not disclose actionable complaints as pleaded. The union defendant is not a suable entity under the Rights of Labour Act, R.S.O. 1990, c.R.33 in any event.

[3] Mr. Brown has not addressed the merits of his claim in his submission. Rather, he makes a series of colourful attacks on me, my law degree, Pro Bono Law, and approximately ten other judges or former judges of various courts with whom he has apparently had some contact over the years.

[4] It is plain and obvious that this action cannot succeed on the pleading as written. The action also falls within the types of cases for which the abbreviated process of rule 2.1 is appropriate. Raji v. Borden Ladner Gervais LLP, 2015 ONSC 801 at para. 9.

[5] The action is therefore dismissed. The first two named defendants are entitled to one set of costs if demanded payable forthwith after assessment by an assessment officer.

[6] I dispense with any requirement for the plaintiff’s approval of the formal dismissal order as to form or content.

[7] I direct the registrar to provide a copy of this endorsement to the parties by mail and email (to those whose email addresses it has) and to serve the formal order on the plaintiff in accordance with rule 2.1.01(5)

F.L. Myers J.

Date: May 28, 2015