Court File and Parties

CITATION: Walcott v. Ministry of the Environment and Energy, 2017 ONSC 6371

COURT FILE NO.: CV-97-CU119341

MOTION HEARD: 20171017

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Anderson T. Walcott, Plaintiff

AND:

Ministry of the Environment and Energy et al., Defendants

BEFORE: Master B. McAfee

COUNSEL: Anderson T. Walcott, Plaintiff in Person Ashley Payette, Counsel for the Defendant Society of Management Accountants Alexandra Vaiay, Student for the Defendant Toronto Transit Commission Ellen Gowland, Counsel for the Defendant Allstate Insurance Heather Burnett, Counsel for the Ontario Defendants Edward Flett, Counsel for the Defendant Bell Canada

HEARD: October 17, 2017

REASONS FOR DECISION

[1] This is a motion brought by the plaintiff, Anderson T. Walcott for “an order to set aside the dismissal of the order of the case in 2002 for non-appearance of the plaintiff (Anderson T. Walcott) or attorney on his behalf and re-instatement of the case.”

[2] A number of the defendants attended on the motion and requested an adjournment to allow an opportunity to retrieve their respective files and respond to the motion.

[3] Mr. Walcott opposed the request for an adjournment and requested that I determine the motion.

[4] The motion is dismissed without prejudice for the following reasons.

[5] Mr. Walcott submitted that only four of the twenty-one defendants were parties to the action at the time of the dismissal and that only those four parties are entitled to notice of the motion. The motion material does not contain any information in this regard. Even if I accepted Mr. Walcott’s submission in this regard, which I am unable to do on the basis of the record before me, only three of those four defendants were served with the motion record.

[6] The 2002 dismissal order was not in the motion material. In his submissions, Mr. Walcott stated that the dismissal may have been in 2005. The dismissal order at issue or the circumstances surrounding the dismissal are not in the motion material.

[7] The motion record contains the order of Justice Trainor dated November 6, 1998, entered December 14, 1998, made in action no. 98-CU-141950 declaring Mr. Walcott to be a vexatious litigant. The order references the within action at paragraph 2. The motion record also contains the order of Justice Whittaker dated August 18, 2010, rescinding the order of December 14, 1998. There is very little evidence explaining what transpired over the last seven years.

[8] For these reasons, the motion is dismissed without prejudice.

Master B. McAfee

Date: October 24, 2017