Cox v. Her Majesty The Queen in Right of Ontario, 2016 ONSC 6715

COURT FILE NO.: 16-68273

DATE: 2016/12/02

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Steven Cox, Amy Cox, Jessica Cox and Kyle Cox

Plaintiffs

– and –

Her Majesty The Queen in Right of Ontario and Children’s Aid Society of Ottawa

Defendants

Counsel:

Self-Represented

Jeffrey Claydon, for Her Majesty The Queen in Right of Ontario

Mark O. Charron/Lisanne McCullough, for the Children’s Aid Society of Ottawa

HEARD: October 24, 2016

REASONS FOR JUDGMENT

R. SMITH, J.

Overview

[1] The Children’s Aid Society of Ottawa (the “CAS”) and Her Majesty the Queen in Right of Ontario (“Ontario” or the “police”) have brought motions for orders dismissing the action in its entirety against them under Rule 21.01(1)(a) and (b) and Rule 21.01(3)(d) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (the “Rules”). They submit that it is plain and obvious that the applicable limitation period expired prior to the commencement of the action, that the Statement of Claim fails to disclose a reasonable cause of action, and that the action is frivolous, vexatious or otherwise an abuse of the process of the court.

[2] The plaintiff, Stephen Cox, alleges that on October 22, 1995 his wife assaulted him by biting his arm and kicking and punching him while he held his young daughter. He reported the incident to the police at that time and