Court File and Parties

CITATION: Stansbury v. Willowdale Chiropractor Centre et al., 2017 ONSC 4640

COURT FILE NO.: CV-17-576369

DATE: 2017-07-31

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Gail Stansbury

AND:

Willowdale Chiropractor Centre, Laurine Schmelzle, Richard Schmelzle

BEFORE: Justice Jasmine T. Akbarali

COUNSEL: Gail Stansbury, for herself Peter-Paul E. Du Vernet, for the Defendants

HEARD: In Writing

ENDORSEMENT

[1] This motion was referred to me by the registrar’s office pursuant to r. 2.1.01(7) following receipt of a written request under r. 2.1.01(6) from lawyers for the defendants. The defendants seek the dismissal of the plaintiff’s claim on the basis that it discloses no cause of action and is frivolous and vexatious.

[2] Rule 2.1.01 allows a court to stay or dismiss a proceeding if it appears on its face to be frivolous or vexatious or otherwise an abuse of process of the court.

[3] The plaintiff, who is self-represented, seeks $100,000 alleging intrusion upon seclusion, public disclosure of embarrassing facts about the plaintiff, publicity which places the plaintiff in a false light in the public eye and appropriation of the plaintiff’s name or likeness. The claim does not plead any material facts.

[4] The claim is not properly pleaded but it is not obviously frivolous, vexatious or an abuse of process. I adopt the reasoning set out by Myers J. in Asghar v. Alon, 2015 ONSC 3835. Pleading is a technical matter that takes knowledge and experience. The plaintiff should have an opportunity to obtain legal advice and to try to plead her case properly. This is not a case to which r. 2.1.01 yet applies. However, the defendants should not have to plead to the statement of claim in its current form.

[5] Accordingly, I invoke s. 106 of the Courts of Justice Act, R.S.O. 1990, c. C.43 and stay this action until such time as the plaintiff serves on counsel for the defendants, and files with the court, a fresh as amended statement of claim. Leave is not required because pleadings are not closed.

[6] I encourage (but do not order) the plaintiff to obtain legal advice to assist her in drafting the fresh as amended statement of claim.

[7] If the plaintiff does not file a fresh as amended statement of claim by October 16, 2017, the defendants may move to dismiss the action on notice to the plaintiff.

Justice Jasmine T. Akbarali

Date: July 31, 2017