SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: CV-07-342974-00A1
DATE: 2015-11-09
B E T W E E N:
SYDNEY CHARENDOFF also known as SYD CHARENDOFF
Plaintiff
-and-
ALEC MCLENNAN (also known as ALEX MCLENNAN also known as ALEC M. MCLENNAN also known as ALEC MCLEOD MCLENNAN also known as ALEX MCLEOD MCLENNAN) and RANDOLPH LEE HARRIS (also known as RANDY HARRIS) and LYLE EDWARD HARRIS (also known as TED HARRIS) and MICHAEL HAROLD HARRIS and DALE HARRIS (also known as DALE SHAWN HARRIS) and THE SALES GAME.COM LTD. And LYNN MCLENNAN
Defendants
-and-
GERALD MATLOFSKY
Third Party
BEFORE: F.L. Myers J.
READ: November 7, 2015
endorsement
[1] This motion was referred to me by the registrar’s office pursuant to rule 2.1.01(7) following receipt of a written request of counsel for Gerald Matlofsky under rule 2.1.01(6).
[2] Mr. Matlofsky is counsel for the plaintiff. The defendants Alec and Lynn McLennan have sued him as a third party in this proceeding. Mr. McLennan is a lawyer as well. He objects to being sued in relation to the plaintiffs’ alleged losses. He also objects to Mr. Matlofsky’s conduct of the litigation including matters characterized as “sharp practice” by MacDonnell J. in reasons reported at 2012 ONSC 4762.
[3] While there are obvious concerns with the tactic of adding the plaintiff’s lawyer as a third party, the third party claim is lengthy and detailed. It raises significant factual and legal issues in the context of an action that has been underway for some time. While I am not making any comment on the merits of a motion to dismiss or to strike the third party claim at this time, this pleading does not fit the category of the clearest of cases where the pleading on its face appears to be frivolous, vexatious, or an abuse of process. Moreover, nothing in the third party claim demonstrates any reason to fear that a regular motion process may be abused. Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733 at para. 9.
[4] Mr. McLennan delivered submissions without being asked to do so under rule 2.1.01(3)4.
[5] I am not satisfied that there is a basis on the face of the pleading to direct the registrar to send a notice in Form 2.1A in this matter. No costs.
F.L. Myers J.
Date: November 9, 2015