Court File and Parties

Court File No.: CV-16-549717 Date: 2016-05-12 Superior Court of Justice - Ontario

Re: Kevin A. Murray, Applicant And: City of Toronto, Respondent

Before: F.L. Myers J.

Read: May 12, 2016

Endorsement

[1] By endorsement dated April 7, 2016, reported at 2016 ONSC 2355, the court directed the registrar to deliver to the applicant a notice in Form 2.1A advising him that the court was considering dismissing this proceeding under Rule 2.1 of the Rules of Civil Procedure. The applicant was invited to deliver written submissions explaining why the application should not be dismissed for being frivolous, vexatious, or an abuse of process on its face. The applicant has not delivered any submissions within the allotted time.

[2] For the reasons set out in the prior endorsement, it is apparent that this proceeding seeks relief that this court cannot grant. A proceeding that cannot succeed is properly characterized as frivolous or vexatious. Gao v. Ontario WSIB, 2014 ONSC 6497. Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733 at para. 12.

[3] Therefore, this application is dismissed with costs payable to the respondent, if demanded, after assessment of the quantum. I dispense with any requirement for the applicant to approve the form or content of the formal dismissal order.

[4] The registrar shall send a copy of this endorsement to the applicant and counsel for the defendants, and shall serve the formal dismissal order on the applicant under Rule 2.1.01(5).

F.L. Myers J. Date: May 12, 2016