Court File and Parties

CITATION: Reyes v. Jocelyn, 2016 ONSC 8227

COURT FILE NO.: CV-16-556633

DATE: 20160906

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Althea Reyes, Plaintiff

– and –

Matthew Jocelyn, Defendant

BEFORE: F.L. Myers J.

READ: September 6, 2016

Endorsement

[1] By order dated June 9, 2009, Kershman J. declared the plaintiff to be a vexatious litigant pursuant to s. 140 of the Courts of Justice Act, R.S.O. 1990, c.C.43. He ordered that she not be permitted to commence or continue any proceeding directly or indirectly relating to her child, without leave of the court being obtained in advance.

[2] The plaintiff commenced this action claiming, among other things, that the defendant’s conduct caused her to lose custody of the child. The plaintiff has not obtained leave of the court to bring this action.

[3] Rule 2.1.03 provides:

2.1.03 (1) If the court determines that a person who is subject to an order under subsection 140 (1) of the Courts of Justice Act has instituted or continued a proceeding without the order having been rescinded or leave granted for the proceeding to be instituted or continued, the court shall make an order staying or dismissing the proceeding.

Request for Order

(2) Any party to the proceeding may file with the registrar a written request for an order under subrule (1).

Copy of Order

(3) An order under subrule (1) may be made without notice, but the registrar shall serve a copy of the order by mail on every party to the proceeding for whom an address is provided in the originating process as soon as possible after the order is made.

[4] The terms of Rule 2.1.03(1) are mandatory. Therefore this action is dismissed. The plaintiff shall pay the defendant his costs on a full indemnity basis forthwith after the assessment thereof by an assessment officer.

[5] The registrar is directed to send a copy of this endorsement to the plaintiff and the defendants forthwith in addition to serving the formal order once it is taken out under Rule 2.1.03(3). I dispense with the requirement of the plaintiff’s approval of the form and content of the formal order.

F.L. Myers J.

Date: September 6, 2016