Dias v. WSIB/WSIAT Workplace Safety & Insurance Brd/Tribunal, 2016 ONSC 980

CITATION: Dias v. WSIB/WSIAT Workplace Safety & Insurance Brd/Tribunal, 2016 ONSC 980

COURT FILE NO.: CV-15-542558

DATE: 20160208

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ELIZABETH DIAS, Plaintiff

AND:

WSIB/WSIAT WORKPLACE SAFETY & INSURANCE BRD/TRIBUNAL, Defendants

BEFORE: F.L. Myers J.

HEARD: February 8, 2016

ENDORSEMENT

[1] This motion was referred to me by the registrar’s office pursuant to rule 2.1.01(7) following receipt of a written request of the lawyers for the defendants under subrule 2.1.01(6).

[2] The statement of claim appears on its face to be frivolous, vexatious, or an abuse of process. The plaintiff’s complaints relate to an unsuccessful claim for worker’s compensation benefits. Gao v. Ontario WSIB, 2014 ONSC 6497,

[3] Moreover, the nature of the claim raises concerns as to whether this litigation is likely to become a vehicle for a party who might be inclined to inflict the harms of frivolous proceedings on the opposing parties and the civil justice system. Scaduto v. The Law Society of Upper Canada, 2015 ONCA 733 at para. 12.

[4] On reviewing the material forwarded by the registrar, the court makes the following order:

a. Pursuant to subrule 2.1.01(3)(1), the registrar is directed to give notice to the plaintiff in Form 2.1A that the court is considering making an order under Rule 2.1.01 dismissing the action;

b. Pending the outcome of the written hearing under rule 2.1 or further order of the court, the plaintiff’s action is stayed pursuant to s.106 of the Courts of Justice Act, R.S.O. 1990, c.C.43[^1];

c. The registrar shall accept no further filings in this action excepting only the plaintiff’s written submissions if delivered in accordance with rule 2.1.01(3);

d. In addition to the service by mail required by 2.1.01(4) rule, the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the plaintiff and counsel for the defendants by email if it has their email addresses.

F.L. Myers J.

Date: February 8, 2016

[^1]: See Gao v. Ontario WSIB et al., 2014 ONSC 6100 at para.