Court File and Parties

CITATION: ASGHAR v. CITY OF TORONTO, 2015 ONSC 4075
COURT FILE NO.: CV-15-525900
DATE: 20150623

SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

SAJJAD ASGHAR

Plaintiff

-AND-

CITY OF TORONTO

Defendant

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 under subrule 2.1.01(6).

[2] The plaintiff purports to sue the City for $100,000 in damages for breach of numerous statutes and for several common law causes of action. He claims that he was illicitly targeted twice by lifeguards at the North York Aquatic Centre, who ridiculed him without legitimate reason for swimming too slowly in the fast lane.

[3] None of the causes of action alleged, including alleged breaches of the Statute of Frauds and the Competition Act, provide a legal remedy for the discretionary exercise of lifeguarding duties in a municipal swimming pool. It appears on the face of the statement of claim that the plaintiff’s action may be frivolous, vexatious, and an abuse of process. Accordingly, the plaintiff ought to be invited to provide written submissions as to why the claim should not be dismissed at this stage.

[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: June 23, 2015

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