Court File and Parties

CITATION: Murray v. City of Toronto, 2016 ONSC 2355

COURT FILE NO.: CV-16-549717

DATE: 20160407

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Kevin A. Murray, Applicant

-and-

City of Toronto, Respondent

BEFORE: F.L. Myers

READ: April 7, 2016

ENDORSEMENT

[1] This application was referred to me by the registrar’s office pursuant to rule 2.1.01(7) following receipt of a written request of the lawyers for the respondent under rule 2.1.01(6).

[2] The applicant moves for an order requiring all municipalities to cease issuing building and demolition permits unless and until the projects conform to a reasonable expectation of investment value and/or emergency refugee housing, “say $15 per square foot, one-story slab on grade; Build it themselves.” He also asks:

Is there enough energy? Or is it all fraud? Not fit for purpose for which it was intended? i.e. investment or public subsidy to private investment, such as: institutional buildings & public utilities; skilled workers & financing; public workers & the judiciary. Pensions.

[3] The applicant seems to be seeking an inquiry to expose that housing can be built better and more affordably. Be that as it may, it does not appear that this subject matter is properly raised in a civil proceeding between these parties in this court. A proceeding that cannot succeed is properly characterized as frivolous or vexations. Gao v. Ontario WSIB, 2014 ONSC 6497. Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733 at para. 12.

[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 applicant in Form 2.1A that the court is considering making an order under rule 2.1.01 dismissing the application;

b. Pending the outcome of the written hearing under rule 2.1 or further order of the court, the application is stayed pursuant to s.106 of the Courts of Justice Act, R.S.O. 1990, c.C.43[^1] The registrar is to release the time booked for the hearing on April 22, 2016 pending the outcome of this review;

c. The registrar shall accept no further filings in this application excepting only the applicant’s written submissions if delivered in accordance with rule 2.1.01(3);

d. In addition to the service by mail required by rule 2.1.01(4), the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the applicant and counsel for the respondent by email if it has their email addresses.

F.L. Myers J.

Date: April 7, 2016

[^1]: See Gao v. Ontario WSIB et al., 2014 ONSC 6100 at para.