Court File and Parties
Court File No.: 17-72898 Date: 20170628 Superior Court of Justice - Ontario
Re: Saeid Kashani, Plaintiff And Algonquin College and Sahun Jaberolansar, Defendant
Before: Mr. Justice Robert N. Beaudoin
Heard: By Requisition
Endorsement
[1] Two separate requisitions were 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 written requests from each of the Defendants. I note that the Plaintiff was copied with those requests.
[2] I have reviewed the Statement of Claim in this matter. It is apparent that Plaintiff’s primary claim is against the Defendant, Algonquin College (“College”), arising from the Plaintiff’s registration in a two-year program at the college entitled: “3002X-Internet Applications and Web Development.” He decided to quit the program in the second semester and he refused to pay the tuition fees. He alleges that the College reported him to a collection company in order to collect the unpaid fees.
[3] As a result, the Plaintiff states that he commenced an action in the Small Claims Court on November 6, 2016 and that the action was “transformed” from the Ottawa Small Claims Court to the Superior Court.
[4] In this pleading, he makes a number of allegations against the College:
- planned breach of implied contract provide education;
- fraudulent money collection;
- misinforming victim students;
- failure in identifying and rectifying problems;
- abuse of power to report false debt report;
- practice racism;
- provided education to enhance terrorism;
- lack of good faith;
- public and private damages due to academic failure. (The Plaintiff appears to claim $13.11 billion in damages on behalf of all Canadians citizens.)
[5] The Plaintiff seeks the following remedies:
a. an order that the College provide an official apology for the false, misleading information to rectify its reports to the Ministry of Education; b. an order that the College provide a corrective plan to improve the education for the current and future students; c. an order that the College increase the dropout grace period from 10 days to eight weeks; d. an order that the College make available online detailed outlines of courses and programs; e. an order that the College close the campus and provide an official apology for its operation in Saudi Arabia; f. an order directing the College to respond to a new request for disclosure of information; g. an order that the Ministry of Education take necessary actions to establish an online system of complaints for students across the province with capability of tracking and escalating to the judiciary system; h. an order directing the College to report debts to collection agencies only after the school produced a complaint report on the basis of communication with students; i. an order that the College to pay punitive and compensatory damages; and j. a request to consider the maximum imprisonment for Cheryl Jensen as the president of the College and the Governors for conspiracy and instructing commission of offence for organized crimes in accordance with sections 463, 467.1(1) of the Criminal Code R.S.C. 1985.
He also seeks $1,647,254.69 in costs.
[6] The allegations as against the Defendant, Shaun Jaberolansar, deal solely with his representation of the college the Small Claims Court proceeding. Ours is an adversarial system and the conduct of the parties during litigation is governed by the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. In addition, counsel are bound by their respective Rules of Professional Conduct and their duties as officers of the Court. If there has been any breach of these, complaints about opposing counsel should be directed to the Law Society of Upper Canada.
[7] The Plaintiff makes complaints with respect to the administration of the Small Claims Court in Ottawa. The only viable claim appears to be claim against the College for breach of contract and that appears to be within the jurisdiction of the Small Claims Court. Having regard to the nature of the remaining allegations and the scope of remedies sought, it appears that this action is frivolous, is vexatious and an abuse of process and that recourse to the attenuated procedures available under Rule 2.1 is appropriate.
[8] 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);
- 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: June 28, 2017
Court File No.: 17-72898 Date: 20170628 Ontario Superior Court of Justice
Re: Saeid Kashani, Plaintiff And Algonquin College and Sahun Jaberolansar, Defendant
Before: Mr. Justice Robert N. Beaudoin
Endorsement Beaudoin J.
Released: June 28, 2017