Court File and Parties
COURT FILE NO.: 16-68235 DATE: 20160606 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Xing Yang Zhang, Plaintiff AND Victor Oh, Defendant
BEFORE: Mr. Justice Robert N. Beaudoin
HEARD: By Requisition
Endorsement
[1] This request was referred to me by the Registrar’s Office pursuant to sub-rule 2.1.01(7) following receipt of a written requisition of the Defendant, Her Majesty Queen Elizabeth II in Right of Ontario, dated June 1, 2016. The requisition was copied to the Plaintiff.
[2] Pursuant to rule 2.1.01 of the Ontario Rules of Civil Procedure, R.R.O. 1990, Reg. 194, the Court has general power to make an order staying or dismissing a proceeding if the proceeding “appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the Court.”
[3] The Statement of Claim, dated April 14, 2016, names Victor Oh as the sole Defendant, but is intended to be served to the Governor General of Canada, the Prime Minister of Canada, the Minister of Justice and Attorney General of Canada, all Justices at the Supreme Court of Canada, all Canadian Members of Parliament, all Senators at Parliament of Canada (include China/CCP Spy), the RCMP & CSIS, and to the USA Ambassador, UK Ambassador, and Australia Ambassador.
[4] The Plaintiff seeks damages in the amount of $16 million dollars against the Honourable Victor Oh, a Canadian Senator. In his claim, the Plaintiff describes himself as someone who has been protesting against the Chinese Government’s policies to “rob land” and alleges that the Chinese government has sent spies to him and his families. His protests have taken him to Parliament Hill since December 2014.
[5] The only allegation against Senator Oh is that he acts as a “China Gov. /CCP spy.” At paragraph 3 of his Claim he states:
- At Canadian Parliament Hill, the Heart of Canadian Federal Democracy Government, before all MPs and Senators; before the video camera before the Canadian Security Guards (RCMP); he can/has the guts to do and he is capable to do:
After he showed up before me about 8 meters, worked with another China/CCP spy, (stands between Centennial flame and stairs at Canadian Parliament Hill) to change the “General rules on the use of Parliament Hill” special made for me ONLY to limit my Protesting power; (this is Chinese Slang: to work together, both inside and outside)
On Feb,18 2016, around noon we saw Victor O’s h moving in “U” shape before us around 8 meters away, standing just outside Parliament Hill, taking pictures/video of us. We foretold something would happen against us. Later we find he works with another China/CCP spy, (stands between Centennial flame and stairs at Canadian Parliament Hill) again. (this is Chinese slang: to work together both inside and outside)
On Feb. 22 2016, in the early morning I got a verbal “order” which violates my Freedom of Expression (of telling the truth) guaranteed by the Canadian Charter of Rights and Freedoms
How many facts do you want to hear to prove “Victor Oh is China Gov./CCP/CCP spy!”
- Such further and any other grounds will not provide till cross exam at Canadian Parliament Hearing.
[6] The pleading is nothing more than a bald allegation that Senator Oh is a spy for the Chinese government. The only fact pleaded in support of the Claim is that Senator Oh may have stood approximately eight meters away from the Plaintiff as he protested, and on one occasion, Senator Oh may have taken a picture of him. Moreover, the Plaintiff appears to rely on a non-existent right to a Canadian parliamentary hearing to support his claim. No reasonable cause of action is disclosed against Senator Oh, and given the intended reach of the Statement of Claim, it appears that this action may be frivolous, vexatious, and an abuse of the process of the Court.
Orders
[7] I therefore make the following orders:
i) The Registrar is directed to give notice to the Plaintiff in form 2.1A that the Court is considering making an order under sub-rule 2.1.01 dismissing the action;
ii) 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 section 106 of the Courts of Justice Act, R.S.O. 1990, c. C.43.
iii) The Registrar shall accept no further filings in this action excepting only the Plaintiff’s written submissions if delivered in accordance with sub-rule 2.1.01(3).
Mr. Justice Robert N. Beaudoin Date: June 6, 2016