Court File and Parties

COURT FILE NO.: CV-17-567819 DATE: 20170227 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ANDRE MILNE, Applicant AND: ASTI LIVINGSTON, Respondent

BEFORE: Madam Justice V.R. Chiappetta HEARD: February 27, 2017

Endorsement

[1] This motion was referred to me by the registrar’s office pursuant to rule 2.1.01(7) of the Rules of Civil Procedure following receipt from correspondence from lawyers from the respondent under rule 2.1.01(6) requesting that the application be dismissed in accordance with rule 2.1.01.

[2] It appears on the face of the Notice of Application that it may be frivolous and vexatious. The applicant should therefore be called upon to make submissions as to why the application should not be dismissed at this time.

[3] 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 applicant in Form 2.1A that the court is considering making an order under Rule 2.1.01 dismissing the application; b. Pending the outcome of the written hearing under rule 2.1 or further order of the court, the notice of application 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 application excepting only the applicant’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 applicant and counsel for the respondent by email if it has their email addresses.

V.R. Chiappetta J.

Date: February 27, 2017

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