Superior Court of Justice - Ontario
B E T W E E N:
MARK THOMPSON Applicant
-AND-
WJ HOLDINGS LIMITED Respondent
BEFORE: F.L. Myers J.
READ: April 22, 2016
Endorsement
[1] This application 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 counsel for respondent under rule 2.1.01(6).
[2] The applicant seeks an order rescinding orders made by other judges of this court in a different proceeding between these parties. He also seeks sanctions against the respondent for failing to make proper disclosure in the other proceeding.
[3] It is an abuse of process to bring a second lawsuit to try to litigate a second time on issues between the parties that have already been resolved by the court. Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733 at para. 5.
[4] The applicant should be invited to make submissions as to why this application should not be dismissed for being frivolous, vexatious, or an abuse of process.
[5] 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. The registrar shall release the scheduled hearing date on May 19, 2016. A date may be re-scheduled should the stay lifted;
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 respondents by email if it has their email addresses.
F.L. Myers, J.
Date: April 22, 2016