Court File and Parties
COURT FILE NO.: CV-14-4994404 DATE: 20160601 SUPERIOR COURT OF JUSTICE - ONTARIO
B E T W E E N:
Sherley Leandre, Plaintiff
- and -
Collection Services of Windsor Ltd., Defendant
BEFORE: J.F. Diamond J.
READ: May 30, 2016
Endorsement
1This action was referred to me by the registrar’s office pursuant to Rule 2.1.01(7) following receipt of a written request under Rule 2.1.01(6) submitted by the lawyers for the defendant Collection Services of Windsor Ltd.
2In accordance with my Endorsement dated April 25, 2016 and reported at 2016 ONSC 2733, this proceeding was stayed pending the receipt of a written response from the plaintiff to address the Court contemplating the dismissal of this proceeding.
3No response from the plaintiff has been received by the relevant deadline.
4A summary of the contents of the Statement of Claim, and the procedural history of this proceeding, is set out in my said Endorsement and need not be repeated here. The plaintiff seeks $3,130,000.00 CAD in damages for “humiliation received from malicious conduct” of the defendant, along with an Order compelling the RCMP to investigate the operations of the defendant. The misconduct alleged to have been carried out by the defendant consists of efforts to collect a debt owed by the plaintiff to the Windsor Regional Hospital (the “hospital”). As previously found, the debt owed to the hospital was already the subject of another proceeding commenced by the plaintiff against the hospital, which proceeding has already been dismissed by my colleague Justice Myers pursuant to the provisions of Rule 2.1 last year.
5The causes of action purportedly raised in the statement of claim are “aggravation” and “humiliation”. To the extent that the plaintiff seeks to advance a case of intimidation (which I find could never be made out on the facts as pleaded), none of the elements of that tort are pleaded.
6I find it is apparent on the face of the statement of claim in light of material in the court’s file that the action is frivolous, vexatious and an abuse of process. This proceeding is therefore dismissed without costs.
7The court dispenses with any requirement for the plaintiff to approve the form or content of the formal order dismissing the action without costs.
8In addition to the service by mail required by Rule 2.1.01(4), the registrar is to send a copy of this Endorsement to the plaintiff and counsel for the defendant by email if their email addresses are known or have been provided.
Diamond J.
Released: June 1, 2016