Court File and Parties
CITATION: Nguyen v. Bail, 2016 ONSC 1828
COURT FILE NO.: CV-16-546247
DATE: 20160314
SUPERIOR COURT OF JUSTICE - ONTARIO
B E T W E E N:
THI BINH NGUYEN
Plaintiff
-AND-
DR. MONTE BAIL
Defendant
BEFORE: F.L. Myers J.
READ: March 14, 2016
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 the defendant under rule 2.1.01(6).
[2] An identical claim against the defendant was dismissed by order of Faieta J. on August 26, 2015. Mr. Justice Faieta found that the plaintiff had not complied with the order of Stinson J. dated November 21, 2014 despite being provided with a final opportunity to do so. It is an abuse of process to bring a second lawsuit to continue to litigate the same issues a second time. Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733 at para. 5.
[3] The plaintiff should be invited to make submissions as to why this action should not be dismissed for being frivolous, vexatious, or an abuse of process.
[4] On reviewing the material forwarded by the registrar, the court makes the following order:
a. Pursuant to rule 2.1.01(3)(1), the registrar is directed to give notice to the plaintiff in Form 2.1A that the court is considering making an order under rule 2.1.01 dismissing the action;
b. Pending the outcome of the written hearing under rule 2.1 or further order of the court, the plaintiff’s action is stayed pursuant to s.106 of the Courts of Justice Act, R.S.O. 1990, c.C.43[^1];
c. The registrar shall accept no further filings in this action excepting only the plaintiff’s 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 plaintiff and counsel for the defendants by email if it has their email addresses.
F.L. Myers J.
Date: March 14, 2016
[^1]: See Gao v. Ontario WSIB et al., 2014 ONSC 6100 at para.