Asghar v. The Government of Ontario, 2015 ONSC 4071

CITATION: Asghar v. The Government of Ontario, 2015 ONSC 4071

COURT FILE NO.: CV-15-528926
DATE: 2015-06-23

SUPERIOR COURT OF JUSTICE - ONTARIO

BETWEEN:

SAJJAD ASGHAR Plaintiff

-AND-

THE GOVERNMENT OF ONTARIO Defendants

BEFORE: F.L. Myers J.

READ: June 23, 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 for the defendant Her Majesty the Queen in right of Ontario improperly named as “The Government of Ontario” under subrule 2.1.01(6).

[2] In his statement of claim, the plaintiff purports to advance claims under a number of statutes, the Canadian Charter of Rights and Freedoms, and a long list of common law causes of action against the Province. He seeks an order requiring the government to: provide him with a job, fix issues concerning his love life, fix issues concerning organized community fraud, allow him to carry a weapon for personal safety, carry out an investigation of community fraud and hate crimes, provide him with two candid and direct contacts from within the government and the police so that he can report matters to them on a rolling basis, and to provide the plaintiff with a stealth video and audio recording device to record community thugs operating in public in violation of his rights. He also seeks damages in the amount of $151 million.

[3] It is apparent that none of the relief sought by the plaintiff is available to him in a lawsuit against the government of Ontario. As best as one can tell from reading the statement of claim, the plaintiff seems to be upset at the result of a number of prior legal proceedings and he blames pervasive organized crime for a number of personal setbacks.

[4] On its face, this proceeding appears to be frivolous, vexatious, and an abuse of process. Accordingly, the plaintiff should be offered an opportunity to make written submissions as to why the claim should not be dismissed under rule 2.1 at this stage.

[5] 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 motion 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: June 23, 2015

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