CITATION: Groshaus v. Farooque, 2016 ONSC 661
COURT FILE NOS.: CV-12-458420; CV-13-495528; and CV-14-504828
DATE: 20160126
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
JAVIER GROSHAUS and ALICIA LEVICH
Plaintiffs
– and –
BAYEZID FAROOQUE, TRISHA FAROOQUE, CHIRAGH AJWANI, SWATI TEKWANI, PAUL HARRINGTON, GEORGE VIOLANTE, VOLODYMR MARCHUK (also known as VLAD), EDGEWATER GROUP INC., EDGEWATER GROUP, STAR LAUNCH CORPORATION, MIDAN SOFTWARE CORPORATION, DOE 1 and DOE 2
Defendants
Self-represented and acting in person
Paul Robson, for the Defendants Edgewater Group Inc., Edgewater Group, Swati Tekwani, Bayezid Farooque, Trisha Farooque and Chragh Ajwani
-and-
VOLODYMYR MARCHUK
Defendant
-and-
JOSEPH FIROE
Defendant
Self-represented and acting in person
Robyrt Regan, acting for defendant, Joseph Fiore
HEARD: January 26, 2016
CASE CONFERENCE ENDORSEMENT
DIAMOND J.:
[1] Pursuant to my endorsement of November 30, 2015, a further case conference took place as scheduled this morning. I heard submissions from all parties who attended, including Joseph Fiore, a defendant in Court File No. CV-13-495528 (the “2013 Action”).
[2] As alluded to in paragraph 3 of my previous Endorsement, in my view the outstanding issues relating to the various pleadings must be addressed before any further substantive motions can be potentially scheduled.
[3] From my review of the pleadings in all three actions, rather than simply amend the statement of claim in the 2012 Action to include further allegations of material facts and add additional defendants, Mr. Groshaus unilaterally chose to commence the 2013 and 2014 Actions, listing most of the identical defendants in the 2012 Action, and “cutting and pasting” most of the material facts as set out in the original statement of claim. It is trite to state that the Court is desirous of avoiding a multiplicity of proceedings. It is arguable that by commencing the two subsequent actions, Mr. Groshaus may have committed an abuse of the Court’s process.
[4] In circumstances, I am ordering Mr. Groshaus to deliver a Fresh as Amended Statement of Claim in the 2012 Action with a view to combining all of the allegations and material facts, and listing all of the defendants, into one concise pleading. This way, all of the defendants will (hopefully) learn the exact allegations being made against each of them in one, distinct proceeding.
[5] Mr. Groshaus shall serve the Fresh as Amended Statement of Claim on or before February 29, 2016. The defendants shall have until March 23, 2016 to either (a) deliver their Statement(s) of Defence to the Fresh as Amended Statement of Claim, or (b) notify Mr. Groshaus and all other parties of an intention to move for relief under either Rules 21 or 25 arising from the contents of the Fresh as Amended Statement of Claim. Notice of such intention shall be copied to my assistant Michelle Giordano at michelle.giordano@ontario.ca . Whether these motions seek an order for further particulars or an order striking out part or all of the Fresh as Amended Statement of Claim, in my view, the pleadings must be finalized before any further substantive motions are scheduled.
[6] If such motions are to be brought by the defendants, my assistant will email the parties a series of dates upon which I am available to hear the motion(s) as Case Management Judge for these proceedings.
Diamond J.
Released: January 26, 2016
CITATION: Groshaus v. Farooque, 2016 ONSC 661
COURT FILE NO.: CV-12-458420; CV-13-495528; and CV-14-504828
DATE: 20160126
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
JAVIER GROSHAUS and ALICIA LEVICH
Plaintiffs
– and –
BAYEZID FAROOQUE, TRISHA FAROOQUE, CHIRAGH AJWANI, SWATI TEKWANI, PAUL HARRINGTON, GEORGE VIOLANTE, VOLODYMR MARCHUK (also known as VLAD), EDGEWATER GROUP INC., EDGEWATER GROUP, STAR LAUNCH CORPORATION, MIDAN SOFTWARE CORPORATION, DOE 1 and DOE 2
Defendants
-and-
VOLODYMYR MARCHUK
Defendant
-and-
JOSEPH FIORE
Defendant
CASE CONFERENCE ENDORSEMENT
Diamond J.
Released: January 26, 2016