Court File and Parties

COURT FILE NO.: 15-69142 DATE: 20160805 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: RAYMOND CARBY-SAMUELS II, Plaintiff AND HORACE R. CARBY-SAMUELS, 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 by counsel for of the Defendant. It does not appear that the Plaintiff was copied with this request.

[2] The Statement of Claim was issued on June 29, 2016 and the Defendant has filed a Statement of Defence. This Claim was issued three weeks after Justice McNamara set aside a default judgment that the Plaintiff had obtained in legal proceedings between the same parties. For separate reasons, I dismissed the Defendant’s request to dismiss that proceeding pursuant to the attenuated process of Rule 2.1.

[3] In this action, there are new allegations of intimidation, harassment and infliction of emotional distress. In his Statement of Defence, the Defendant responds to the allegations and seeks particulars while at the same time asserting that no cause of action has been asserted.

[4] While the Statement of Claim leaves much to be desired, there may be an arguable case. I cannot dismiss these claims as frivolous, vexatious or as an abuse of process from a review of the pleading alone.

[5] Given that the same parties are now involved in related litigation, the Defendant should seek appropriate relief under the Rules of Civil Procedure.

Mr. Justice Robert N. Beaudoin Date: August 5, 2016