Court File and Parties
COURT FILE NO.: CV-14-499443 DATE: 20160420 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: SHERLEY LEANDRE, Plaintiff AND: WINDSOR REGIONAL HOSPITAL, Defendant
BEFORE: Mr. Justice Faieta READ: April 20, 2016
Endorsement
[1] This motion was referred to me by the registrar’s office pursuant to rule 2.1.01(7) of the Rules of Civil Procedure following receipt of a written request of the lawyers for the defendant under rule 2.1.01(6) of the Rules of Civil Procedure.
[2] The plaintiff sues the defendant for over $10 million for herself and her foetus [sic] for maliciously refusing to acknowledge her citizenship and for discriminating against her as a Quebecois. The essence of her complaint is that the defendant allegedly declined to recognize her valid Quebec Health Insurance Card to pay for the birth of her son in December, 2012 despite recognizing her insurance coverage for other matters after her coverage had been clarified.
[3] The plaintiff now moves for the relief demanded in her statement of claim. She also asks for an order for the immediate arrest of every member of the defendant who has committed atrocities against the plaintiff and her family. She also seeks an order that charges of treason, sedition, and terrorism be brought against those individuals. The grounds relied upon in her notice of motion are sections 46, 59 and 83 of the Criminal Code of Canada.
[4] This action concerns the same events as are discussed in Raji v Borden Ladner Gervais LLP, 2015 ONSC 2915. It appears that the relief sought may not be available in this civil proceeding. If that is so, then the motion cannot succeed. As such, the motion may be frivolous and vexatious on its face.
[5] On reviewing the material forwarded by the registrar, the court makes the following order:
a. Pursuant to rule 2.1.01(3)(1) of the Rules of Civil Procedure, 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 of the Rules of Civil Procedure dismissing the motion;
b. Pending the outcome of the written hearing under rule 2.1 of the Rules of Civil Procedure or further order of the court, the motion is stayed pursuant to s.106 of the Courts of Justice Act, R.S.O. 1990, c. C.43. The registrar is to release any time booked for the hearing of the motion pending the outcome of this review;
c. The registrar shall accept no further filings in this motion excepting only the plaintiff’s written submissions if delivered in accordance with rule 2.1.01(3) of the Rules of Civil Procedure;
d. In addition to the service by mail required by rule 2.1.01(4) of the Rules of Civil Procedure, the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the plaintiff and counsel for the defendant by email if it has their email addresses.
Mr. Justice M. D. Faieta Date: April 20, 2016