Curtis v. WSIB, CITATION: 2016 ONSC 2360
COURT FILE NO.: 16-56501
DATE: 2016-04-07
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: David Curtis, plaintiff
AND: Workplace Safety and Insurance Board
BEFORE: Mr Justice Ramsay
COUNSEL: The plaintiff self-represented; Eric Kupka for the defendant
HEARD: in writing
ENDORSEMENT
[1] The defendant requested that the action be dismissed as frivolous, vexatious or an abuse of the process of the court on its face. The plaintiff made written submissions in reply.
[2] The statement of claim is prolix and incoherent. The most I can get out of it is that the plaintiff claims two million dollars damages because he was injured at work and the WSIB will not pay for his elbow brace. He took 22 pages to say so. He also says that he has deep vein thrombosis from another job. And apparently the WSIB took him to provincial offences court and everybody lied. In his written submissions the plaintiff provides a copy of his notice of appeal and request for leave to appeal (directly to the Court of Appeal from the justice of the peace) from convictions against him for misleading the WSIB, contrary to s.149 of the Workplace Safety and Insurance Act. The convictions were made on February 17, 2016. The present action was commenced on March 20, 2016.
[3] It is clear, then, that not only does the statement of claim plead no cause of action that is known to law, it duplicates another proceeding, namely the appeal from conviction.
[4] The action is dismissed with costs payable by the plaintiff to the defendant, fixed at $350.
J.A. Ramsay J.
Date: 2016-04-07