Court File and Parties

Citation: Graff v. Network North Reporting and Mediation, 2016 ONSC 5158 Court File No.: CV-16-539016 Date: August 15, 2016 Superior Court of Justice - Ontario

Re: Marie Graff, Plaintiff -and- Network North Reporting and Mediation et al., Defendants

Before: F.L. Myers J. Read: August 15, 2016

Endorsement

[1] This action was referred to me by the registrar’s office pursuant to rule 2.1.01(7) following receipt of written requests of counsel for several of the defendants under subrule 2.1.01(6).

[2] The plaintiff sues her former counsel and medical experts in connection with personal injury litigation. Not all of the defendants are dealt with comprehensively in the statement of claim. It is not clear to me that the plaintiff has good causes of action against all of the defendants. However, it is clear to me that the plaintiff feels that she was treated very poorly by those whom she retained to protect her interests. While not pleaded elegantly, there are discernable claims for lawyers’ negligence and for misconduct against medical professionals pleaded.

[3] I am also concerned that some of the defendants have made significant factual and legal submissions in their letters to the registrar to invoke Rule 2.1. No evidence is admissible on a review under Rule 2.1. Submitting unsworn evidence in letters from counsel is especially unfair where a plaintiff is seeking relief against lawyers. How is she to believe that she has had a chance to fairly put her position before the court and be heard when counsel can make factual allegations in letters that then lead to summary written process? How can she challenge the facts alleged?

[4] If facts are required to understand why an action is frivolous or vexatious, then Rule 2.1 is not the appropriate process for that determination. No evidence or submissions are to be filed by a party that seeks a review under Rule 2.1. Ramlall v Jahir Ullah Pharmacy Inc. #1333, 2016 ONSC 2705.

[5] Having reviewed the statement of claim, in my view there are enough causes of action pleaded against some defendants that those who claim to be entitled to summary relief ought to bring motions to allow the matters and the plaintiff to be heard. I decline to direct the registrar to send a notice to the plaintiff in Form 2.1A under Rule 2.1.01.

F.L. Myers J.

Date: August 15, 2016