SUPERIOR COURT OF JUSTICE - ONTARIO

CITATION: Maden v. Longstreet et al., 2015 ONSC 3425 COURT FILE NO.: CV-15-526699 DATE: 20150527

B E T W E E N:

DAVE MADEN

Plaintiff

-AND-

JAMES LONGSTREET, MR. & MRS. BARRY LACROIX, LACROIX CONSTRUCTION, THE LAW SOCIETY, AND DOE’S I THRU XX

Defendants

BEFORE: F.L. Myers J.

READ: May 27, 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 the defendant James Longstreet under subrule 2.1.01(6).

[2] The Statement of Claim does not allege facts that amount to legal claims against any of the defendants. The plaintiff seems to be upset with the defendant, Longstreet, a lawyer, for some alleged misconduct, but I cannot tell what he did or for whom. The other defendants are not mentioned except the Law Society. The plaintiff pleads that the Law Society “should act expeditiously to discipline such lawyers adequately, who sell their ethics, morals and soul for money, and have no self-respect.” While no doubt a generally positive ideal, it does not appear to be a legitimate basis to sue.

[3] It appears on the face of the Statement of Claim that it is frivolous and vexatious. The plaintiff should therefore be called upon to make submissions as to why the claim should not be dismissed 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 the defendants by email if it has their email addresses.

________________________________ F.L. Myers J.

Date: May 27, 2015

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