SUPERIOR COURT OF JUSTICE - ONTARIO
B E T W E E N:
WILLIAM DALE MACLEOD and TAMMY DORIS BRIDGET LARONDE
Applicants
-AND-
BELL CANADA ENTERPRISES AND ITS SUBSIDIARIES, BELL HOME SERVICES, VIRGIN MOBILE, SOLO MOBILE, ROGERS COMMUNICATIONS CORPORATION AND ITS SUBSIDIARIES, ROGERS CANADA, FIDO MOBILE, TELUS COMMUNICATIONS CORPORATION AND ITS SUBSIDIARIES, TELUS MOBILE, KOODO MOBILE and YAK CANADA
Respondents
BEFORE: F.L. Myers J.
READ: November 17, 2015
endorsement
1This 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 the respondent Yak Canada under subrule 2.1.01(6).
2The notice of application seeks no relief against the respondent Yak Canada and makes no allegations against it. Moreover, there is no supporting affidavit filed. Rather, the applicant has delivered an unsworn collection of bills and legal materials that raise concerns about the proceeding being vexatious. It also appears that the applicant MacLeod is not a licensed lawyer but may be purporting to represent the applicant LaRonde. Therefore, the applicants should be requested to deliver submissions as to why the application against Yak Canada should not be dismissed for being frivolous, vexatious, or an abuse of process on its face.
3On reviewing the material forwarded by the registrar, the court makes the following order:
a. Pursuant to subrule 2.1.01(3)(1), the registrar is directed to give notice to the applicants in Form 2.1A that the court is considering making an order under Rule 2.1.01 dismissing the application against Yak Canada;
b. Pending the outcome of the written hearing under rule 2.1 or further order of the court, the application against Yak Canada is stayed pursuant to s.106 of the Courts of Justice Act, R.S.O. 1990, c.C.431;
c. The registrar shall accept no further filings in this application concerning Yak Canada excepting only the applicants’ written submissions if delivered in accordance with rule 2.1.01(3);
d. In addition to the service by mail required by 2.1.01(4) rule, the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the applicants and counsel for the respondents by email if it has their email addresses.
________________________________ F.L. Myers J.
Date: November 17, 2015
Footnotes
- See Gao v. Ontario WSIB et al., 2014 ONSC 6100 at para.