SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

Grigor Grigorov

Plaintiff

-AND-

Erin Booth

Defendant

BEFORE: F.L. Myers J.

READ: September 30, 2015

endorsement

[1] This motion was referred to me by the registrar’s office following receipt of a written request of counsel for the defendant under Rule 2.1.01(6) of the Rules of Civil Procedure.

[2] The statement of claim consists of a prayer for relief concerning alleged lawyer’s negligence. The rest of the claim consists of annotated copies of correspondence among the parties and the Law Society of Upper Canada. The statement of claim does not set out a concise statement of the material facts relied upon by the plaintiff as required by Rule 25.06(1).

[3] As drafted, the plaintiff’s documents raise concerns as to whether the claim is on its face frivolous and vexatious. If the plaintiff has a serious claim to make, he will need to obtain legal advice to determine how to draft a statement of claim properly. The plaintiff may wish to consult Law Help Ontario at 393 University Avenue, Suite 110, Toronto. He can call them at 1-855-255-7256 or he can consult their website at www.lawhelpontario.org.

[4] The plaintiff should be provided with an opportunity to make submissions as to why his lawsuit should be allowed to proceed and should not be dismissed at this point. The submissions may include a draft amended statement of claim in addition to the ten pages of submissions allowed by the Rules.

[5] On reviewing the material forwarded by the registrar, the court makes the following order:

a. Pursuant to Rule 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); and

d. In addition to the service by mail required by Rule 2.1.01(4), 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: September 30, 2015

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