SUPERIOR COURT OF JUSTICE - ONTARIO

Date: 2015-12-01

B E T W E E N:

THI BINH NGUYEN

Plaintiff

-and-

ECONOMICAL MUTUAL INSURANCE COMPANY, MILLER THOMSON LLP and GORDON L. ROBSON

Defendants

Before: F.L. Myers J.

Read: November 28, 2015

Endorsement

[1] By endorsement dated November 4, 2015, reported at 2015 ONSC 6802, I directed the registrar to give notice to the plaintiff in form 2.1A that the court was considering dismissing this action for being frivolous, vexatious and an abuse of process on the face of the statement of claim. In that endorsement, I noted that identical claims brought by the plaintiff against Miller Thomson LLP and Gordon L. Robson were struck out by order of Hood J. on September 11, 2015 in a decision reported at 2015 ONSC 5515. It is an abuse of process to bring a second lawsuit to continue to litigate the same issues. Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733 at para. 5.

[2] The plaintiff has delivered written submissions in support of this action. She confirms that the lawyer defendants acted for the co-defendant Economical in other litigation brought by the plaintiff against the insurer. She wishes complete discovery from the lawyers. She does not seem to understand that Hood J. has already told her that she has no right to sue Economical’ s lawyers.

[3] The plaintiff confirms in her submissions that she has indeed sued Economical for accident benefits and to enforce an alleged settlement in prior litigation. By order dated October 26, 2015, reported at 2015 ONSC 2646, Dow J. dismissed some of the plaintiff’s claims in that action. However, he allowed the plaintiff’s claim on the settlement to continue. The plaintiff complains that the defendants will not agree to extend the time for her to pay costs ordered by Dow J. in the other action It is an abuse of process to bring a separate action on the same allegations to try to avoid a costs order in another existing action

[4] The plaintiff may wish to seek the assistance of a lawyer to learn ways to deal with the outstanding costs order if she cannot afford to pay it. Law Help Ontario provides free legal assistance at 393 University Ave Suite 110, Toronto, ON M5G 1E6 (416) 628-3552. In addition, Downtown Legal Services at the Faculty of Law of the University of Toronto can be reached at law.dls@utoronto.ca or 416 934-4535. Osgoode Hall Law School at York University also provides free legal services through Community & Legal Aid Services Programme (CLASP) that can be reached at (416) 736-5029

[5] 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 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.

[6] Therefore, this action is dismissed without costs.

[7] The court dispenses with any requirement for the plaintiff to approve the form or content of the formal order dismissing the action without costs.

[8] 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: December 1, 2015