Court File and Parties

COURT FILE NO.: CV-15-533793
DATE: 2015-11-04

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: November 3, 2015

Endorsement

[1] By endorsement dated September 30, 2015, reported at 2015 ONSC 6069, I directed the registrar to send a notice to the plaintiff in Form 2.1A to advise him 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 under the rule.

[2] As set out in the prior endorsement, it is apparent on the face of the plaintiff’s claim that the substance of the action is subject to absolute privilege. The action cannot succeed and is frivolous and vexatious. The pleading also bears 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.

[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: November 4, 2015