SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: 15-64779
DATE: 20150813
RE: Abdul Razaq Raji, Sherley Leandre, Plaintiffs
AND
Her Majesty Queen Elizabeth II in Right of Ontario, Defendant
BEFORE: Mr. Justice Robert N. Beaudoin
HEARD: By Requisition
ENDORSEMENT
[1] This request was referred to me by the Registrar’s Office pursuant to sub-rule 2.1.01(7) following receipt of a written requisition of the Defendant, Her Majesty Queen Elizabeth II in Right of Ontario. The requisition was copied to the Plaintiffs.
[2] Pursuant to rule 2.1 01 of the Ontario Rules of Civil Procedure, R.R.O. 1990, Reg. 194, the Court has general power to make an order staying or dismissing a proceeding if the proceeding “appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.”
[3] I have previously dismissed an earlier proceeding commenced by these Plaintiffs pursuant to Rule 2.1 namely, Raji v. Myers, 2015 ONSC 4066, [2015] O.J. No. 3436.
[4] In addition to this action, the Plaintiffs have commenced number of proceedings in this Court:
Court File No. 15-64780 – Raji and Leandre v. T D Bank, Royal Bank of Canada and Perell Jowell;
Court File No. 15-64969 – Raji v. Sandra Herrera
Court File No. 15-64968 – Raji and Leandre v. Downtown Legal Services
Court File No. 15-64519 – Raji and Leandre v. Stephen Harper
Court File No. 15-65212 – Raji and Leandre v. RCMO and CSIS
[5] Requisitions pursuant to Rule 2.1 have also been filed in Court File No. 15- 64780 and Court File No. 15- 64969.
[6] The Plaintiffs seek $31 billion in damages, aggravated damages in the amount of $11.3 billion and punitive damages in the amount of $20 billion. They also seek an order removing the Honourable George R. Strathy from his position as Chief Justice of Ontario, an order removing the Honourable Heather Foster Smith from her position as Chief Justice of the Superior Court of Justice for Ontario, and an order removing the Honourable Geoffrey Morawetz from his position as Regional Senior Judge of the Toronto Region, and orders removing the Honourable Kevin Whitaker, the Honourable Frederick Myers, and the Honourable Susan Himel from their positions as judges of the Superior Court of Justice. The Plaintiffs also seek an order that the above-mentioned judges, with the exception of Justice Himel, be banned from any judicial position in Canada and arrested and charged for the offenses of terrorism, conspiracy, sedition and treason.
[7] It appears that these allegations against the Crown arise from the Plaintiffs’ dissatisfaction with judicial decisions in prior proceedings. All of the allegations contained in the present claims exclusively concerning the merits of judicial decisions and on its face, the Statement of Claim appears to be a collateral attack on several judicial orders made by judges of the Superior Court of Justice in previous proceedings. It does not appear that the Plaintiffs appealed any of the decisions in question and have chosen to make further allegations of conspiracy and treason against the judges and other parties to the proceedings.
[8] It is apparent on the face of the Statement of Claim, and having regard to the other proceedings initiated by these Plaintiffs, that this action may be frivolous, vexatious and an abuse of process of the Court and that resort to rule 2.1 is appropriate. I therefore make the following orders:
The Registrar is directed to give notice to the Plaintiffs in form 2.1A that the Court is considering making an order under sub-rule 2.1.01 dismissing the action;
Pending the outcome of the written hearing under rule 2.1 or further order of the court, the Plaintiffs’ action is stayed pursuant to section 106 of the Courts of Justice Act, R.S.O. 1990, c. C.43.
The Registrar shall accept no further filings in this action excepting only the Plaintiffs’ written submissions if delivered in accordance with sub-rule 2.1.01(3).
Mr. Justice Robert N. Beaudoin
Date: August 13, 2015
COURT FILE NO.: 15-64779
DATE: 20150813
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Abdul Razaq Raji, Sherley Leandre, Plaintiffs
AND
Her Majesty Queen Elizabeth II in Right of Ontario, Defendant
BEFORE: Mr. Justice Robert N. Beaudoin
ENDORSEMENT
Beaudoin J.
Released: August 13, 2015