Court File and Parties

COURT FILE NO.: CV-17-60401 DATE: 2017-02-24

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Don Fex, Plaintiff A N D: McCarthy Tetrault LLP, Chad Robert Turton aka Chad Kroeger, Defendants

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) of the Rules of Civil Procedure, following receipt of a written request by the lawyers for the defendants under rule 2.1.01(6) of the Rules of Civil Procedure.

[2] The defendants assert that this claim is substantially similar to the claim, court file number 11-25404, which was dismissed on a motion for summary judgment. This claim includes a claim against the defendant, McCarthy Tetrault LLP. On its face, the claim seems to be frivolous, vexatious and an abuse of process. The claim against McCarthy Tetrault is not clearly ascertainable from the statement of claim.

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

[4] In the circumstances, the Court makes the following order:

(a) Pursuant to rule 2.1.01(3)(1) of the Rules of Civil Procedure, 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 of the Rules of Civil Procedure dismissing the action;

(b) Pending the outcome of the written hearing under rule 2.1 of the Rules of Civil Procedure 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) of the Rules of Civil Procedure; and

(d) In addition to the service by mail required by rule 2.1.01(4) of the Rules of Civil Procedure, 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 their email addresses are available.

Sweeny J.

DATE: February 24, 2017