COURT FILE NO.: CV-17-59930 DATE: 2017-03-27

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

ENDORSEMENT

[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] In an endorsement dated February 24, 2017 reported at Dias v Workplace Safety & Insurance Appeal Tribunal, 2017 ONSC 1277, the action was stayed pending the plaintiff being notified that the court was considering dismissing the action under rule 2.1.

[3] The Registrar sent the notice that the proceeding may be stayed or dismissed in Form 2.1A to the plaintiff on February 27, 2017. The plaintiff has responded on March 3, 2017. In addition, it appears she has purported to serve the motion record and enclosed a series of documents, tab numbers 1 to 31 with her response.

[4] This action appears strikingly similar to the action dismissed by Braid J. under rule 2.1 on September 9, 2016. It is also similar to one of the actions commenced by the plaintiff in Toronto and dismissed by Myers J.

[5] The plaintiff’s written submissions, to the extent that they referred to additional documents, are not in compliance with the Registrar’s order. In any event, the plaintiff does not address the fact that the claim is similar to the claims commenced in Toronto and the prior claim commenced here in Hamilton.

[6] I am satisfied that this claim ought to be dismissed under rule 2.1 as frivolous and vexatious and an abuse of process. The defendant is entitled to its costs to be assessed. I dispense with any requirement that the plaintiff approve the form and content of the dismissal order.

[7] The registrar shall send a copy of this endorsement to the plaintiff and counsel for the defendants, and shall serve the formal dismissal order on the plaintiff under rule 2.1.01(5).

Sweeny J. DATE: March 27, 2017