Court File and Parties
Court File No.: 17-72455 Date: 2017-06-05 Superior Court of Justice - Ontario
Re: Loretta Jean Korolew, Plaintiff And: Canadian Union of Public Employees, Defendant
Before: Robert N. Beaudoin J.
Heard: In writing
Endorsement
[1] By Endorsement dated May 15, 2017, I concluded that resort to Rule 2.1 was appropriate in this action and I directed the Registrar to give the Plaintiff notice in form 2.1 A that I was considering making an order dismissing the action. The Plaintiff has delivered what appear to be written submissions delivered in two separate envelopes in accordance with rule 2.1 (3.2). I have not directed the Registrar to provide a copy of those submissions to the Defendants in accordance with rule 2.1 (3.4).
[2] The Plaintiff’s “submissions” are in the form of two photocopied unsworn statements; one of these is directed to “Lanark County” and the other is addressed to the Defendant “Canadian Union of Public Employees” (CUPE). While not identical, the two handwritten statements are similar and they tell the story of how the Plaintiff started working for Lanark County as a Health Care Aide at Lanark Lodge in 1991. She began her employment as a part-time worker and later became full time in 2002. She claims that she was harassed and forced out of her job in 2006. The statements disclose no facts that give rise to claim in defamation which is the only cause of action that is pursued in this proceeding.
[3] There are Minutes of Settlement attached to the statement addressed to the Defendant, CUPE. These Minutes of Settlement are between CUPE Local 2976 and the Corporation of the County of Lanark with regard to a grievance filed by the Plaintiff. Those Minutes state:
THEREFORE, THE COUNTY, THE UNION AND THE GRIEVOR AGREE AS FOLLOWS:
- These minutes of settlement constitute the Grievor’s resignation of employment.
- The Grievor shall be paid the sum of $22,000, payable as follows:
- The Grievor, effective the date of these minutes, waives all rights to return to the work place, and waives all rights of her employment status, including all rights she may have to the provisions of the collective agreement between the County and the Union.
- The Grievor agrees that she’s been fairly represented by the Union at all times. (Emphasis mine)
[4] The Minutes of Settlement contained a Final Release and Indemnity which sets out this important clause:
In consideration of the terms and conditions of the Minutes of Settlement dated November 20, 2000, I, Loretta Jean Korolew, hereby agree as follows:
(i) On behalf of myself, my heirs, executors and administrators (hereinafter collectively referred to as the “Releasor”) hereby release and forever discharge the Corporation of the County of Lanark, its councillors, officers, employees, agents, successors and assigns (hereinafter collectively referred to as the “Releasee”) jointly and severally from any and all actions, causes of action, contracts, covenants, whether express or implied, claims and demands for damages, indemnity, costs, interest, loss or injury of every nature and kind whatsoever, which I may heretofore have had, may now have or may hereafter have, in any way relating to the employment by in the cessation of the employment from the position of Health Care Aide, Lanark Lodge, County of Lanark, of the Releasor by the Releasee.
[5] The Plaintiff also submitted recent (2015) invoices for car repairs and copies of mortgage statements from 2006. I presume that these documents are provided as some form of proof of damages.
[6] The only apparent claim is one for wrongful dismissal and that claim was resolved over 11 years ago. Moreover, any claims that the Plaintiff may have against anyone arising from her loss of employment are statute-barred pursuant to the provisions of the Limitations Act, S.O. 2002, c. 24 Sched. B.
[7] I accordingly dismiss this action as being frivolous, vexatious and an abuse of the process of the Court. I further direct the Registrar to provide a copy of this Endorsement by mail to the Plaintiffs and the Defendant.
Robert N. Beaudoin J. Date: June 5, 2017