CITATION: Vasiliou v. Hallett et al., 2015 ONSC 3997
COURT FILE NO.: CV-15-527317 DATE: 20150619
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: June 19, 2015
endorsement
[1] By endorsement dated May 20, 2015, reported at 2015 ONSC 3207, I directed the registrar to give notice in Form 2.1A to the plaintiff that the court was considering dismissing this action under Rule 2.1 for being frivolous, vexatious, and an abuse of process on its face. The plaintiff was invited to deliver written submissions as to why the court should not dismiss the action.
[2] The action concerns the plaintiff’s unsuccessful attempts to challenge the will of his late mother. In his undated submissions, that were received by the court on June 15, 2015, the plaintiff confirms the court’s concern that he has rolled forward his unsuccessful arguments from his prior case and added to the list of defendants lawyers who were involved in that case and an official examiner. The plaintiff makes a number of bald allegations of criminality against various of the lawyers who were involved in the prior proceeding. Nothing that he wrote in his submission supports a cause of action that might have any realistic chance of success. On its face the action is therefore frivolous, vexatious, and an abuse of process of the court. In light of the vexatious nature of the proceeding, this action is appropriately suited to the abbreviated process under Rule 2.1 as discussed in Gao v. Ontario WSIB, 2014 ONSC 6497 at para. 17.
[3] The action is therefore dismissed.
[4] Costs, if demanded, are payable by the plaintiff to the defendants forthwith after the assessment thereof by an assessment officer.
[5] The registrar will send a copy of this endorsement to the plaintiff and counsel for the defendants by mail and, if it has their email addresses, by email. The court dispenses with any need for the plaintiff to approve the form or content of the formal order dismissing the action. The registrar is directed to serve the formal order on the plaintiff by mail in accordance with to Rule 2.1.01(5).
________________________________ F.L. Myers J.
Date: June 19, 2015