CITATION: Dias v. Workplace Safety & Insurance Appeal Tribunal, 2017 ONSC 1277
COURT FILE NO.: CV-17-59930
DATE: 2017-02-24
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Elizabeth Dias, Plaintiff
A N D:
Workplace Safety & Insurance Appeal Tribunal, Defendant
BEFORE: P.R. Sweeny J.
HEARD: In writing
E N D O R S E M E N T
[1] This motion was referred to me by the Registrar, pursuant to rule 2.1.01(7), following receipt of a written request by the lawyers for the defendant under rule 2.1.01(6).
[2] The statement of claim in this matter appears, on its face, to be frivolous, vexatious or an abuse of process. It appears this claim is similar to claims brought in Toronto and dismissed by F.L. Myers J. These decisions are reported at 2016 ONSC 1752 and 2016 ONSC 3135. In addition, Braid J. dismissed what appears to be a similar action commenced in Hamilton with a decision reported at 2016 ONSC 5636. I note that one of the court file numbers in the actions dismissed by Braid J. is also shown as a court file number on the statement of claim issued in this action, that is, 16-58218.
[3] On reviewing the material forwarded by the Registrar, the Court makes the following order:
(a) Pursuant to rule 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 section 106 of the Courts of Justice Act, R.S.O. 1990, c. C.43;
(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 rule 2.1.01(4), the Registrar is to serve a copy of this endorsement and a Form 2.1A notice on the plaintiff and counsel for the defendant by email if their email addresses are available.
___________________________
Sweeny J.
DATE: February 24, 2017