SUPERIOR COURT OF JUSTICE - ONTARIO

Court File No.: CV-15-530449
Date: 20150814

B E T W E E N:

JEFFREY G. TUNNEY

Plaintiff

-AND-

CREWS & TANGO

Defendants

Before: F.L. Myers J.

Read: August 14, 2015

Endorsement

[1] By endorsement dated July 14, 2015, reported at 2015 ONSC 4537, I directed the registrar to send a notice in Form 2.1A to the plaintiff advising him that the court was considering dismissing this action under Rule 2.1 for being frivolous, vexatious or an abuse of process on its face. The Form 2.1A notice invited the plaintiff to deliver written submissions as to why the claim should not be dismissed. The registrar duly served a notice as directed. The plaintiff has not filed any submissions. The time for doing so has now expired.

[2] For the reasons set out in my prior endorsement, I find that this action is frivolous and vexatious. It is also apparent on the face of the statement of claim that it bears many of the hallmarks of proceedings to which Rule 2.1 is well suited as set out in Gao v. Ontario WSIB, 2014 ONSC 6297.

[3] Therefore, this action is dismissed. The plaintiff will pay costs to the defendants, if demanded, forthwith after the assessment thereof by an assessment officer.

[4] The court dispenses with any requirement for the plaintiff to approve the form or content of the formal order dismissing the action with costs.

[5] In addition to the service by mail required by Rule 2.1.01(4), the registrar is to send a copy of this endorsement to the plaintiff and counsel for the defendants by email if it has their email addresses.

F.L. Myers J.

Date: August 14, 2015