Court File and Parties
CITATION: Dias v. Liquor Control Brd. Ont. (LCBO), 2016 ONSC 2364
COURT FILE NO.: CV-15-542560
DATE: April 7, 2016
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Elizabeth Dias, Plaintiff
-and-
Liquor Control Brd. Ont. (LCBO), Defendant
BEFORE: F.L. Myers J
READ: April 6, 2016
ENDORSEMENT
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 the lawyers for the defendants under subrule 2.1.01(6). This action is pleaded very similarly to the plaintiff’s action CV-15-542560. That action has been stayed by my decision dared February 8, 2016 reported at 2016 ONSC 980.
The statement of claim in this case similarly appears on its face to be frivolous, vexatious, or an abuse of process. The plaintiff’s complaints relate to the same unsuccessful claim for worker’s compensation benefits as in her other matter. There is no entitlement to sue in this court for an unsuccessful WSIB claims. Gao v. Ontario WSIB, 2014 ONSC 6497.
Moreover, the nature of the claim and pleading raises concerns as to whether this litigation is likely to become a vehicle for a party who might be inclined to inflict the harms of frivolous proceedings on the opposing parties and the civil justice system. Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733 at para. 12.
On 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 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: April 7, 2016