Court File and Parties
COURT FILE NO.: CV-15-543756 DATE: 20160705 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Anna-Marie Goralczyk, Plaintiff -and- The Beer Store, United Food and Commercial Workers (UFCW) local 12R24 union; CFRA Ontario; Canada’s National Brewers; The City of Toronto (Office of the Mayor); Granite Claims Solutions Toronto (Downtown), ClaimsPro; Premier of Ontario; the Attorney General of Ontario; Ontario Association of Chiefs of Police Corporate Office, Mary Jocelyn Aviado, Danilo Aviado, Elizabeth Bowels [sic] Lyon, Pope Bergoglio, Jim Makris, William Blair, Children’s Aid Society aka Valoris, Annie Ivy-Lea O’Neill aka. Annie Ivy-Lee Aviado; Terry-Lynn Benoit, Helen Fournier; Alaine Hupe Huppe; Children’s Aid Society of Toronto; Gordon Pon; MaryAnn Bechthold, Martine Edwards; Ms. Gallant; Gary O’Neill; Lillian O’Neill, Christine Goralczyk Bennett, Catherine Goralczyk,Addesso Fenton, James Joseph Goralczyk, Rick Siwek; Jaclyn Mitruk Siwek; Allison Siwek White, Jillian Siwek Jackson; Royal LePage Real Estate; Allan Jones; Kathy Gross, Allan Organization; Joe Mizzi; Fiona Lou Mizzi; Enzo Mizzi Lydia Lazaro Mizzi; Carman Mizzi, Phil Mizzi; The Mizzi Organization aka Alonzi; North 44 Management; Sheldrake Management, Sylvia Sammut Kanary, Tammy Sandra Conway Rose, George Ohrling; Kathleen Thornton, Judge Helen Pierce; Judge Jean L. MacFarland, Judge Herman Jan Wilton Siegel, Judge Goodman, Janet McDaniel, Deborah Guild, St. Michael’s Hospital, Dr. Melissa Chacko, Dr. Quack, Paul Martin, Stephen Harper, Justin Trudeau, Central Neighborhood House, Christian Resource Center aka 40 Oak Center, Good Shepherd Ministries, 111 Wellesley St. Public Service Office, Toronto Public Library, Bonnie Gryce, Blair Leslie Botsford, Angela O’Neill, Jody Wilson, Jonathan Ptak, Kirk Baert, Mike Bryant, Chris Bentley, Madeleine Meilleur, Tina Earl, Karen Shaw, Anthea Cheung, Victorias Yankou, Stephen Tsoi, Terri-Lynn Benoit, Patricia Kelly, George Bell, David Lynch, Elizabeth Forestell, Gita Dessner, Anica Raskovic, Claire Barcik, Kathleen Adams Warren Kaus, Irene Ryner, Pam Gawn, Tran Vu, Raymond Mallozzi, Violet Halladay, Christine, Swearing, Norm Kelly, Rob Ford, David Miller, John Tory, Judge Gloria Klowak, Judge Robert Armstrong, Judge John Hamilton, Judge Richard Schneider, Judge Bruno Cavio, Judge John Ritchie, Jeff Newton, Mike Tallis, Rob Mather, Jamie Rillett, Ted Moroz, Andrea Randolph, Doug Moffet et Al. Deborah Goralczyk Walker Smith, Lawrence Goralczyk. Defendants
BEFORE: F.L. Myers J. READ: July 5, 2016
Endorsement
Endorsement
1By endorsement dated May 9, 2016, reported at 2016 ONSC 3057, I directed the registrar to send a notice in Form 2.1A to the plaintiff to notify her that the court was considering dismissing this action for being frivolous, vexatious, or an abuse of process. The plaintiff did not deliver any further submissions despite being notified of her entitlement to do so.
2As set out in the prior endorsement, the court previously dismissed the plaintiff’s claim against all but two defendants and struck out the statement of claim so that she could re-drafted it to plead only her cause of action against those two defendants related to a slip and fall in January, 2014. The plaintiff has delivered an 83 page fresh statement of claim purportedly against the two remaining defendants. However she has also named 25 others including the Mayor of Toronto, two former Mayors, and the Premier of Ontario as “retroactive collaborate personnel” of the two named defendants.
3In the fresh statement of claim the plaintiff tries to continue her original action against all of the defendants despite the dismissal of her claims against all but two of them. Rather than focusing on her slip and fall, the plaintiff’s fresh statement of claim continues to allege a criminal conspiracy among a large number of people whom she blames for the fact that her daughter was taken from her in child protection proceedings many years ago. Her allegations claim that the defendants, and those whom she holds responsible for them, engage in a criminal conspiracy to commit murder, kidnapping, and pedophilia, among other things. I am also the subject of allegations by the plaintiff in light of my prior orders.
4While there are references to the slip and fall at various points in the fresh statement of claim, it too is subsumed in the ongoing conspiracy allegations. The plaintiff so ties the slip and fall to her conspiracy allegations that the defendants cannot respond to the slip and fall without the proceeding becoming enmeshed in the conspiracy allegations that have already been found to be improper.
5The court provided the plaintiff with an opportunity to revise her claim to limit her allegations to the slip and fall accident despite finding that the plaintiff’s initial claim raised concerns that she may carry on the litigation in a vexatious manner that justified the application of Rule 2.1. She declined the opportunity to do so and has continued with a fresh statement of claim that is vexatious on its face.
Disposition
6The action is therefore dismissed against the remaining two defendants The Beer Store and the City of Toronto. Costs, if sought, are payable by the plaintiff to each of those defendants on a partial indemnity basis payable forthwith after the assessment thereof by an assessment officer.
7The court dispenses with any requirement that the plaintiff approve the formal order as to form and content.
8The registrar is directed to send a copy of this endorsement to the plaintiff and counsel for the two defendants by email if it has their email addresses. In addition, the registrar shall serve the formal order on the plaintiff once it is signed and entered in accordance with Rule 2.1.01(5).
F.L. Myers J.
Date: July 5, 2016