Court File and Parties

COURT FILE NO.: CV-15-538376 DATE: 20160919 SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

WILLIAM DALE MACLEOD, by his Litigation Guardian, the Public Guardian and Trustee and T.D.B.L., Plaintiffs

-and-

HANRAHAN YOUTH SERVICES, HATS OFF SPECIALIZES SERVICES, NATIVE CHILD AND FAMILY SERVICES OF TORONTO and MINISTRY OF CHILDREN AND YOUTH SERVICES, Defendants

BEFORE: F.L. Myers J.

READ: September 17, 2016

Endorsement

[1] By Endorsement dated August 17, 2016, reported at 2016 ONSC 5231, the court directed the registrar to give notice to the plaintiff T.D.B.L. that the court was considering dismissing this action under Rule 2.1 of the Rules of Civil Procedure for being frivolous, vexatious, or an abuse of process on its face.

[2] In the endorsement, the court raised a concern that Ms. T.D.B.L. has no lawyer and it is not clear whether she is even participating in the proceeding. It is clear that the proceeding was initially commenced and being carried by Ms. T.D.B.L.’s son the co-plaintiff William MacLeod. Mr. MacLeod is a party under disability and is now represented in this litigation by the Public Guardian and Trustee.

[3] Mr. MacLeod has delivered submissions under Rule 2.1 on behalf of his mother. Mr. MacLeod is not a lawyer and is not entitled to represent his mother before the court. Nevertheless I have considered the content of the submissions in this unusual case.

[4] In the statement of claim, Mr. MacLeod has attempted to sue the defendants as a result of allegations that they violated his rights and the law by taking him into care in 2009 under the Child and Family Services Act, R.S.O. 1990, c C.11 and in their alleged mistreatment of him thereafter. The claim advanced by Ms. T.D.B.L. consists of bald allegations all flowing essentially from what she says was the illegal removal of her child.

[5] In his submissions, Mr. MacLeod argues that his mother’s illnesses were not of the kinds that should have led the authorities to be concerned that he was in need of protection. He denies that the court was entitled to make an order under s. 57.1 of the statute and he relies on sections defining temporary care agreements. Finally, he baldly says that Ms. T.D.B.L.’s constitutional rights were violated and he relies on the United Nations Convention on the Rights of the Child.

[6] I am satisfied that the claim by Ms. T.D.B.L. cannot succeed. It is frivolous and vexatious on its face. Whether Mr. MacLeod was taken into custody under a court order or a care agreement neither can be challenged now in a civil proceeding before this court. The allegations by Mr. MacLeod that he was mistreated while in care do not give rise to a lawsuit by Ms. T.D.B.L.. Moreover, there is no basis pleaded or plausible for Ms. T.D.B.L. to establish a breach of her constitutional rights.

[7] Moreover, I am not satisfied that Ms. T.D.B.L. brought her portion of this lawsuit or is representing herself. Rather, it appears that Mr. MacLeod brought this proceeding as he has brought many others before this court and other courts. There is no address or telephone number for Ms. T.D.B.L. shown on the statement of claim or the submissions under Rule 2.1 purportedly delivered on her behalf by Mr. MacLeod. He includes only his own address, telephone number, and email address in the places where the litigants’ information is required. It may be that they live together. While that may be a technicality, I note that the Rule 2.1 submissions deal principally with explaining the claim that Mr. MacLeod brought for himself which is now being carried by the PGT. The Rule 2.1A notice and the court’s prior endorsement were addressed solely to Ms. T.D.B.L.’s claim. She has not responded herself and Mr. MacLeod’s submissions confirm the court’s concerns.

[8] The action brought by Ms. T.D.B.L. is therefore dismissed without costs. The court dispenses with any requirement for Ms. T.D.B.L.’s approval of the form and content of the formal order. The registrar is directed to send this endorsement to the parties by email and regular mail in addition to service of the formal order as required by Rule 2.1.01(5).

F.L. Myers J. Date: September 19, 2016