Court File and Parties

2017 ONSC 2086 Court File No.: 16-69984 Date: 2017/04/03 Superior Court of Justice - Ontario

Re: Wendy Foster, Sebastien Foster and Douglas Foster, Plaintiffs And CAS, Office of the Children’s Lawyer, Government of Ontario, Government of Canada and Government of the Netherlands, Defendants

Before: Mr. Justice Robert N. Beaudoin

Heard: By Requisition

Endorsement

[1] This requisition was referred to me by the Registrar’s Office pursuant to rule 2.1.01(6) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, following receipt of a written request of the Defendant Attorney General of Canada. I note that the Plaintiffs were copied with that request.

[2] I have reviewed the Statement of Claim in this matter. It consists of two short paragraphs. In the first paragraph, the plaintiffs seek damages of $250,000,000 plus interest and the appropriate reparations, including diplomatic action.

[3] The second paragraph reads as follows:

This calculation pending the same allegations, material facts relied on as well as the outcome of the decision of the Ontario Division Court File Number, 608-15.

[4] There are no material facts pleaded. It is impossible to determine what cause of action might exist between these plaintiffs and the defendants. It is apparent on the face of the Statement of Claim that this action may be frivolous, vexatious, and an abuse of process of the court and resort to rule 2.1 is appropriate.

[5] I therefore make the following orders:

• Pursuant to sub-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 sub-rule 2.1.01 dismissing the action:
• 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;
• 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); and
• In addition to the service by mail required by sub-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 Defendants by email if it has their email addresses.

Mr. Justice Robert N. Beaudoin Date: April 3, 2017

2017 ONSC 2086 Court File No.: 16-69984 Date: 2017/04/03 Ontario Superior Court of Justice Re: Wendy Foster, Sebastien Foster and Douglas Foster, Plaintiffs And CAS, Office of the Children’s Lawyer, Government of Ontario, Government of Canada and Government of the Netherlands, Defendants Before: Mr. Justice Robert N. Beaudoin Heard: By Requisition Endorsement Beaudoin J. Released: April 3, 2017