Court File and Parties

COURT FILE NO.: 16-67147 DATE: 2016-09-30 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: OCTAVIE TSHIANI BISUMBULE, Plaintiff AND EDWARD CONWAY, 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.

[2] I have reviewed the lengthy Statement of Claim in this matter which is drafted in French. It is apparent that the Defendant is being sued for professional negligence with regard to his representation of the Plaintiff in child protection proceedings here in Ottawa.

[3] In his requisition, the Defendant sets out the history of relating proceedings and maintains that the Plaintiff’s claims are statute barred and are precluded by the doctrines of res judicata and issue estoppel. A review of the court record discloses that each of the parties has brought summary judgment motions in this action and extensive motion materials have already been filed with the Court. Those motions are scheduled to be heard on October 20, 2016.

[4] In my view, the attenuated procedures set out in Rule 2.1 are restricted to a review of the Statement of Claim on its face. There is nothing on the face of this Statement of Claim to suggest that it is frivolous and vexatious.

[5] The scheduled summary judgment motions will provide a complete evidentiary record to the Court in support of the defences that may be available. While there is good reason to believe that the Defendant’s arguments will prevail, I conclude that recourse to Rule 2.1 is inappropriate in these circumstances.

[6] I direct the Registrar to send a copy of this Endorsement to the Plaintiff.

Mr. Justice Robert N. Beaudoin Date: September 30, 2016