Court File and Parties

Court File No.: 16-69517 Date: 2017-02-22 Superior Court of Justice - Ontario

Re: CHAKKA WHITE, Plaintiff AND AUBREY DRAKE GRAHAM, MAPLE LEAF SPORTS AND ENTERTAINMENT, OTTO AKESON, OVO ENTERTAINMENT, OVO SOUND, CASH MONEY RECORDS, REPUBLIC RECORDS, UNIVERSAL MUSIC GROUP, ROGERS COMMUNICATIONS, BCE INC., YOUNG MONEY ENTERTAINMENT, TORONTO POLICE SERVICES and OFFICE OF THE INDEPENDENT POLICE REVIEW DIRECTOR, Defendants

Before: Mr. Justice Robert N. Beaudoin

Heard: By Requisition

Endorsement

[1] This request was referred to me by the Registrar’s Office pursuant to sub-rule 2.1.01(7) of the Rules of Civil Procedure following receipt of a written requisition by the Defendant, Toronto Police Services Board (incorrectly named as “Toronto Police Services”) dated September 14, 2016. The requisition was copied to the Plaintiff. For reasons that are unclear, the request was not referred to me until February 7, 2017. It is unknown if other the other Defendants have been served.

[2] Pursuant to rule 2.1.01 of the Ontario Rules of Civil Procedure R.R.O. 1990, Reg. 194, the Court has general power to make an order staying or dismissing a proceeding if the proceeding “appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.”

[3] The Statement of Claim is 28 pages in length and contains 98 paragraphs. The Plaintiff claims general, aggravated, and special damages in the amount of $75 million and punitive and exemplary damages in the same amount. She seeks non-harassment orders against all of the Defendants and their agents. She seeks an order prohibiting the Defendants from speaking about and her claims publicly or amongst themselves outside of the required communications for this litigation. Finally, she seeks an order prohibiting this Defendant, their servants and/or agents from accessing the Plaintiff’s personal, professional medical records and information without an order of this Court.

[4] The claim primarily targets the Defendant, Aubrey Drake Graham, (“Drake”) a well-known musical performer popularly known under the name Drake. The Plaintiff alleges that Drake stole and otherwise misappropriated her intellectual property. She alleges that he then launched a campaign of abuse and terror which has caused her physical, emotional, and financial harm.

[5] Without getting into extensive details of the pleading, it is quickly apparent that these allegations are not rooted in any demonstrable facts and are more likely the product of some paranoid and delusional thinking. A few paragraphs demonstrate the general nature of the claim:

17. Plaintiff began noticing in or around 2009 that things that she had discussed or said during the basketball games attended, and while in the privacy of her home, were being actualized. For example, a song idea including the beat, sample and lyrics became a song which was credited to and performed by Aubrey Drake Graham. This continued and continues to this day.

18. The Defendants, Aubrey Drake Graham, and the respective owners of Cash Money Records and Young Money Entertainment, are generally known to be affiliated with the Bloods street gang. Defendants, their associates and/or agents had individuals who appear to be members of the Bloods street gang surveil and follow the Plaintiff shortly after Plaintiff indicated to MLSE that Plaintiff was aware of the intellectual property theft and invasion of privacy and wished for it to stop. That surveillance continues to this day. It involves the Plaintiff being followed as soon as she leaves her residence. The following then continues throughout the day until the Plaintiff returns to her residence. These individuals then wait around the perimeter of her residence waiting for her to go outside. The following occurs whether the Plaintiff is on foot or in a vehicle. These individuals have hit the Plaintiff with a car while she is on foot and also when she is in a vehicle amongst other tortious activities.

19. Defendants hacked into Plaintiff’s personal and business computers and MIM (Man in The Middle) attacked her web services injecting false news, fake emails, and redirecting Plaintiff’s mail, phone calls and other in order to control, subvert and manipulate the Plaintiff into their virtual reality and prevent her from pursuing this claim. These attacks occurred, and continue, to occur continuously all day every day. Plaintiff can no longer trust content via electronics. Defendants have gone so far as to have fake newspapers and magazines delivered in order to manipulate Plaintiff and Plaintiff’s actions. Plaintiff has spent thousands replacing electronics, SIM cards, and multiple phone accounts in an attempt to fix and address these invasions. To this date, Plaintiff does not have a single electronic, telephone or computer that the Defendants are not spying on and injecting false information to despite Plaintiff having contacting and utilized security professionals, softwares and other techniques.

20. Plaintiff was often harassed and followed by individuals in Honda automobiles. The style of automobile the Defendant, Aubrey Drake Graham, sings about in his latest album as being the automobiles his “crew” drives.

21. Defendants intercepted packages and food deliveries for the Plaintiff. One time spiking her food with one of her known allergens. Plaintiff had previously suffered from anaphylaxis and this is known to the Defendants, MLSE and Aubrey Drake Graham, as they illegally taped her saying such and also had agents follow her to a specialist appointment at the Allergy Department of the local hospital. The poisoning incident happened subsequent to this appointment.

22. Defendants or their agents continually gained access to the Plaintiff’s residence building and waited for her in the garage, stairwell, garbage room and other common use locations. They occupied the units beside her and hammered or otherwise drilled into the walls, shared walls, everyday outside of normal construction hours in order to be a constant nuisance to the Plaintiff. Plaintiff now suffers from fear of some small and or closed places, and most strangers. Plaintiff works in an industry which requires constant contact with strangers in small and/or closed places. Even if the Plaintiff is able to overcome her fear of strangers and small/closed places, Plaintiff may never be able to resume full time career activities as Defendant, Aubrey Drake Graham, gang stalked the Plaintiff and all of his agents, which include known gang members, all who are aware of Plaintiff’s name, appearance, employment area, and areas that she is known to frequent.

[6] At para. 66, she lists allegations of abuse, harassment and terror which include; hacking into her cell phone, rerouting her phone calls and text messages, breaking into her home placing feces in it or on her bed, constant surveillance and disseminating her personal and confidential information.

[7] With respect to the Toronto Police Services, the Plaintiff alleges that they have failed to investigate and properly address the situation. She makes similar allegations of harassment and surveillance against the Toronto Police Services.

[8] While the Statement of Claim pleads recognized causes of action, the material facts pleaded in support of those claims are so outrageous as to be incapable of proof. I conclude that this action appears to be frivolous and vexatious and an abuse of process of this Court. I therefore make the following orders:

1. The Registrar is directed to give notice to the Plaintiff in form 2.1A that the Court is considering making an order under sub-rule 2.1.01 dismissing the action;
2. 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 section 106 of the Courts of Justice Act, R.S.O. 1990, c. C.43.
3. The Registrar shall accept no further filings in this action excepting only the Plaintiff’s written submissions if delivered in accordance with sub-rule 2.1.01(3).

Robert N. Beaudoin J. Released: February 22, 2017