COURT FILE NO.: 15-64969
DATE: 20150814
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Abdul Razaq Raji, Plaintiff
AND
Sandra Herrera, 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, Sandra Herrera.
[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 this Plaintiff pursuant to Rule 2.1, namely, Raji v. Myers, 2015 ONSC 4066, [2015] O.J. No. 3436.
[4] In addition to this action, the Plaintiff has commenced a 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- 64779 – Raji and Her Majesty Queen Elizabeth II
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. RCMP and CSIS
[5] Requisitions pursuant to Rule 2.1 have also been filed in Court File No. 15- 64780 and Court File No. 15- 64779.
[6] I have examined the Statement of Claim. The Plaintiff seeks damages in the amount of $9.39 million; aggravated damages in the amount of $3.13 million; non- pecuniary damages in the amount of $3.13 million, and punitive damages in the amount of $3.13 million.
[7] The allegations reference a family law dispute between the Plaintiff and the Defendant with regard to the custody of their daughter. The Plaintiff seeks an order cancelling all the judgments given at the Ontario Court of Justice located at 47 Sheppard Avenue in Toronto with the exception of any child protection orders.
[8] The claim goes on to make allegations of physical sexual and psychological abuse by the defendant against the daughter.
[9] The allegations are quite sensational and the following paragraphs from the Statement of Claim are representative:
I have information that the defendant is in contact through her counsel, downtown legal, Toronto with the gang of criminals who commit extreme forms of atrocities against children, including raping and strangling to death. These criminals have been following my family and I, looking for ways to imprison my wife and I, kidnapped our children and assassinate us.
These criminals are after us because we are fighting for the rights of the children that they are abusing and there are always looking for ways to use the defendant against me through issues relating to family court regarding my daughter.
Among these criminal are judges, highly profiled lawyers, highly profiled politicians, bankers, etc. The defendant will with joy give these criminals the ability to use manipulative ways to attack me, my wife and my children.
[10] The Statement of Claim appears to be a collateral attack on decisions of the Ontario Court of Justice and it appears on its face to be frivolous, vexatious and an abuse of process of this Court and accordingly, resort to rule 2.1 is appropriate. I therefore make the following orders:
[11] The Registrar is directed to give notice to the Plaintiff in form 2.1A that the Court is considering making an order under sub-rule 2.1.01 dismissing the action.
[12] 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 section 106 of the Courts of Justice Act, R.S.O. 1990, c. C.43.
[13] The Registrar shall accept no further filings in this action accepting only the Plaintiff’s written submissions if delivered in accordance with sub-rule 2.1.01(3).
Mr. Justice Robert N. Beaudoin
Date: August 14, 2015
COURT FILE NO.: 15-64969
DATE: 20150814
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Abdul Razaq Raji, Plaintiff
AND
Sandra Herrera, Defendant
BEFORE: Mr. Justice Robert N. Beaudoin
ENDORSEMENT
Beaudoin J.
Released: August 14, 2015