SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Idris Kadiri
Plaintiff
-and-
Dr. Usha Harikumar, MD FRCSC, Elana Nikolsky, Manager Birthing unit, Rouge Valley Health System, Centenary Health Centre
Defendants
BEFORE: F.L. Myers J.
READ: June 30, 2015
endorsement
[1] By Endorsement dated June 10, 2015, reported as 2015 ONSC 3777, I directed the registrar to provide the plaintiff with notice in form 2.1A that the court was considering dismissing the lawsuit for being frivolous, vexatious, or an abuse of process on its face. I have now received written submissions from the plaintiff.
[2] The plaintiff asks the court to order the return and release to the plaintiff of his baby girl who was kidnapped by the defendants on May 18, 2015. He says that he reported the matter to the police and sought legal advice previously. Alternatively, the plaintiff seeks damages in the amount of $15 million if the defendants have already sold his child (as he also alleges).
[3] As noted in my prior Endorsement, if there is a missing child, the matter is very serious and urgent. However, if there are child welfare proceedings in relation to the child, the matter is very different. Elements of the statement of claim are offensive and there is much about it that appears frivolous and vexatious on its face. However, prior to resolving the issue, the court would benefit from hearing the defendants’ response to the plaintiff’s submissions. In particular, does this matter concern a missing child or one who has been taken into custody in accordance with law? Accordingly, pursuant to rule 2.1.01(3)(4) I direct the registrar to give a copy of the plaintiff’s submissions to the defendants, to seek submissions from them, in accordance with Rule 2.1.01(3)(5).
[4] In addition to delivery by mail, the registrar is to provide a copy of this Endorsement to the plaintiff and to counsel for the defendants by email if it has their email addresses.
F.L. Myers J.
Date: June 30, 2015