SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

RUSSEL MINOR

Plaintiff

-AND-

ANNE LEONARD

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 by the defendant under Rule 2.1.01(6).

[2] The plaintiff’s claim appears to be based upon a court order that he says has alienated him from his children. The defendant is alleged to have provided a letter to the judge. Two expert witnesses are said to have testified contrary to the defendant’s commentary.

[3] It appears that the plaintiff is seeking relief as a result of statements made in legal proceedings. Such statements are absolutely privileged and cannot be the subject of a lawsuit. Singh-Boutilier v. Ontario College of Social Workers and Social Service Workers, 2015 ONSC 5297 at para. 35.

[4] The plaintiff therefore ought to be provided with an opportunity to make written submissions as to why the action should not be dismissed at this time.

[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(5), the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the plaintiff and the defendant 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.