Court File and Parties

Court File No.: 16-68599 Date: 2016-07-07 Superior Court of Justice - Ontario

Re: Mr. Peter Sagos, Plaintiff And: Michael Edelson, Defendant

Before: Mr. Justice Robert N. Beaudoin

Heard: By Requisition

Endorsement

[1] This requisition was referred to me by the Registrar’s Office pursuant to rule 2.1.01(6) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, following receipt of a written request of the Defendant. I note that the Plaintiff was copied with that request.

[2] I have reviewed the Statement of Claim in this matter and it consists of one short paragraph. While the Plaintiff claims damages in the amount of $5,000,000 from Mr. Edelson, no recognizable cause of action is apparent from my review of the pleading. There is an allegation that the Defendant failed to provide him with disclosure from the Bermuda Police Service. There is no pleading that the Defendant owed a duty to provide this disclosure, if the Defendant breached that duty and how the Plaintiff may have suffered a loss as a result of any alleged breach. The Statement of Claim concludes with a reference that the evidence is available at one of two websites.

[3] It is apparent on the face of the Statement of Claim that this action may be frivolous, vexatious, and an abuse of process of the court, and resort to rule 2.1 was appropriate.

[4] I, therefore, make the following orders:

• Pursuant to sub-rule 2.1.01(3)(1), 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;
• 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;
• 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);
• In addition to the service by mail required by sub-rule 2.1.01(4), the Registrar is to serve a copy of this Endorsement and a Form 2.1A notice on the Plaintiff and counsel for the Defendant by email if it has their email addresses.

Mr. Justice Robert N. Beaudoin Date: July 7, 2016