SUPERIOR COURT OF JUSTICE - ONTARIO
Court File No.: CV-15-536200
Date: 2015-11-04
B E T W E E N:
Cheryl Obermuller
Plaintiff
-AND-
Kenfinch Co-Operative Housing Inc., Josephina Boto, Iler Campbell, Celia Chandler, Joseph Van Tassel and Sylvia Watson
Defendants
Before: F.L. Myers J.
Read: November 3, 2015
endorsement
[1] By endorsement dated September 30, 2015, reported at 2015 ONSC 6065, I directed the registrar to send a notice to the plaintiff in Form 2.1A to advise her that the court was considering dismissing this action for being frivolous, vexatious, or an abuse of process. The plaintiff has not delivered written submissions within the time provided by rule 2.1.
[2] It is apparent on the face of the statement of claim that it represents an effort by the plaintiff to re-litigate the outcome of other legal proceedings in which she was unsuccessful. She has added as new defendants to this claim counsel opposite in the prior action, a member of the court’s staff, and a member of the Landlord and Tenant Board who is immune from civil lawsuits.
[3] It is apparent on the face of the statement of claim that the action is frivolous, vexatious, and an abuse of process. The pleading and the plaintiff’s submissions also bear the hallmarks of proceedings to which Rule 2.1 is well suited as set out in Gao v. Ontario WSIB, 2014 ONSC 6297. Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733 at para. 8.
[4] Therefore, this action is dismissed. The plaintiff will pay costs to the defendants, if demanded, forthwith after the assessment thereof by an assessment officer.
[5] The court dispenses with any requirement for the plaintiff to approve the form or content of the formal order dismissing the action with costs.
[6] 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: November 4, 2015