Court File and Parties

Court File No.: 15-66772 Date: 20170512 Superior Court of Justice - Ontario

Re: Raymond Carby-Samuels II, Plaintiff And: Horace R. Carby-Samuels, Defendant

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 2.1.02 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, following receipt of a written request by the Plaintiff.

[2] The Plaintiff seeks the dismissal of the Defendants’ Summary Judgment Motion scheduled for May 16, 2017, although no copy of the Notice of Motion has been provided. The failure to attach a copy of the Notice of Motion is, in and of itself, a sufficient reason to dismiss the request.

[3] Moreover, the Plaintiff has filed numerous materials, in what appear to be four separate filings, setting out his arguments in support of his position. There is a copy of the Defendant’s Factum set out in the “Affidavit of Raymond Carby-Samuels on the torts of Horace Carby-Samuels.” The Factum reveals that the Defendant seeks an order dismissing the Plaintiff’s claims in this action and it sets out the extensive history of legal proceedings between these parties.

[4] The attenuated process for the dismissal of claims or motions set out in Rule 2.1 is not designed to permit parties to submit written arguments in advance of the hearing of a motion. If arguments are necessary to convince the court that it should not grant the relief requested, those arguments must be made in court, on the return of the motion. The Plaintiff’s attempt to rely on the attenuated process set out in rule 2.01(2) is clearly inappropriate and this request is dismissed.

Mr. Justice Robert N. Beaudoin Date: May 12, 2017