Court File and Parties

CITATION: Lee v. Future Bakery Limited et al., 2015 ONSC 3996

COURT FILE NO.: CV-10-402872

DATE: 2015-06-19

SUPERIOR COURT OF JUSTICE - ONTARIO

BETWEEN:

Joungkwang Lee Plaintiff

-and-

Future Bakery Limited and Borys Wrzesnewskyj Defendants

BEFORE: F.L. Myers J.

READ: June 19, 2015

Endorsement

[1] By endorsement dated May 20, 2015, reported at 2015 ONSC 3208, I directed the registrar to give notice to the plaintiff that the court was considering dismissing this motion under rule 2.1 for being frivolous, vexatious, and an abuse of process on the face of the motion record.

[2] The registrar served form 2.1A on the plaintiff in accordance with the Rules. The plaintiff has not responded within the time provided.

[3] This wrongful dismissal action was dismissed for delay under Rule 48 by the registrar on September 17, 2012. Master Brott rejected the plaintiff’s motion to reinstate the action by order dated February 27, 2014.

[4] The plaintiff has brought a motion in this court that was originally scheduled for July 23, 2015. The two volumes of material filed by the plaintiff do not comply with the Rules of Civil Procedure. One cannot tell what he seeks or why. Evidence is not properly supported by sworn affidavit. It is not clear if the plaintiff is trying to appeal from Master Brott’s decision or if he is trying to do something else. In my prior endorsement, I suggested that the plaintiff seek free legal advice on this matter from Law Help Ontario. I do not know if he has taken advantage of the opportunity to do so.

[5] On its face the motion brought by the plaintiff appears to be frivolous, vexatious, and an abuse of process. Moreover, it bears the hallmarks of a claim to which the abbreviated process of Rule 2.1 should apply. Gao v. Ontario WSIB, 2014 ONSC 6497 at para 17. Absent submissions from the plaintiff providing an adequate explanation for the motion, the motion is dismissed.

[6] Costs, if demanded, are payable by the plaintiff to the defendants jointly and severally forthwith after the assessment thereof by an assessment officer.

[7] I dispense with any need for the plaintiff to approve the form or content of the order implementing this endorsement.

[8] The registrar shall serve the formal order by mail on the plaintiff in accordance with Rule 2.1.01(5) as incorporated into Rule 2.1.02(2).

F.L. Myers J.

Date: June 19, 2015