Court File and Parties

CITATION: Nguyen v. Economical Mutual Insurance Company, 2016 ONSC 2260

COURT FILE NO.: CV-16-CV-545854

DATE: 2016-04-04

SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

Thi Binh Nguyen, Plaintiff

– and –

Economical Mutual Insurance Company, Respondent

BEFORE: F.L. Myers J.

READ: April 4, 2016

Endorsement

[1] By endorsement dated February 23, 2016, I stayed this action and directed the registrar to send a notice in Form 2.1A to the plaintiff. No response has been received from the plaintiff. This is the third action by the plaintiff against the defendant for the same relief. The second action was already dismissed under Rule 2.1. See Nguyen v. Economical Mutual Insurance Company, 2015 ONCA 828 and Nguyen v. Economical Mutual Insurance Company, 2015 ONSC: 7449.

[2] It is an abuse of process to start a subsequent lawsuit for the same relief and on the same grounds as a prior unsuccessful lawsuit. It is apparent on the face of the plaintiff’s statement of claim in light of material in the court’s file that the action is an abuse of process. Moreover, the plaintiff conduct of repeatedly suing is a sufficient sign of vexatiousness as to justify use of the attenuated process of Rule 2.1 in this case. Scaduto v Law Society of Upper Canada, 2015 ONCA 733.

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

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

[5] 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: April 4, 2016