SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-15-535765
DATE: 2015-11-04

B E T W E E N:

Grigor Grigorov
Plaintiff

-and-

Erin Booth
Defendant

BEFORE: F.L. Myers J.

READ: November 11, 2015

endorsement

[1] By endorsement dated September 30, 2015, reported at 2015 ONSC 6066, 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 delivered written submissions.

[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] The plaintiff’s submissions consist of more annotations on his former counsel’s correspondence. They are extensive and are not readily understandable as drafted. The plaintiff has also submitted a few other pieces of correspondence such as a complaint regarding a member of the court’s staff.

[4] In my prior endorsement I explained to the plaintiff that if he has a serious claim, he had to seek legal advice to draft a proper statement of claim. I invited him to deliver a draft amended pleading with his submissions under rule 2.1. Instead, he has perpetuated his pleading by annotations and, having read them, I am unable to discern a legally cognizable cause of action let alone a proper pleading.

[5] It is apparent on the face of the statement of claim that the action is frivolous and vexatious. The pleading and the plaintiff’s submissions also bear many of 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.

[6] Therefore, this action is dismissed. The plaintiff will pay costs to the defendants, if demanded, forthwith after the assessment thereof by an assessment officer.

[7] The court dispenses with any requirement for the plaintiff to approve the form or content of the formal order dismissing the action with 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: November 4, 2015