CITATION: Munroe v. The Salvation Army, 2016 ONSC 5564

COURT FILE NO.: CV-15-526937

DATE: 20160906

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: REBECCA MUNROE, Plaintiff

-and-

THE SALVATION ARMY and THE GOVERNING COUNIL OF THE SALVATION ARMY IN CANADA and CARSON DURDLE and KLAUS DIMYTRUK and DOUGLAS CARRINGTON and RAY MOULTON and BRIAN PEDDLE and SUSAN VAN DUINEN and CAROLYN HOWELLS and KATHY MACSWEEN and HEIDI BURKE and JOANNA MARTINS and MAREK REDKA, Defendants

BEFORE: F.L. Myers J.

READ: September 6, 2016

endorsement

[1] By endorsement dated November 28, 2015, reported at 2015 ONSC 7448, I declined the request by counsel for the defendants to direct the registrar to send a notice in Form 2.1A to the plaintiff in this matter. Since that time, the plaintiff has amended her notice of action and statement of claim.

[2] Initially, I noted that the claim stated some causes of action and although the plaintiff’s story might seem outrageous at first blush, there was no reason why it could not be dealt with on motion. The amendments made by the plaintiff appear to have now provided a reason.

[3] In addition to the plaintiff’s claim that she was used as a conduit for improper payments by the defendants, she has now added five pages detailing two separate incidents that appear to be vexatious on the face of the pleading. Moreover, the content leads me to be concerned as well that a motions process to deal with the claims may well be a forum for abusive conduct. See Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733, at paras. 8 and 9.

[4] On reviewing the material amended statement of claim, the court of its own motion makes the following order:

a. Pursuant to 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 rule 2.1.01 dismissing the action;

b. 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 s.106 of the Courts of Justice Act, R.S.O. 1990, c.C.43[^1];

c. The registrar shall accept no further filings in this action excepting only the plaintiff’s written submissions if delivered in accordance with rule 2.1.01(3);

d. In addition to the service by mail required by 2.1.01(4) rule, the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the plaintiff and counsel for the defendants by email if it has their email addresses.

F.L. Myers J.

Date: September 6, 2016

[^1]: See Gao v. Ontario WSIB et al., 2014 ONSC 6100 at para.