CITATION: Huynh v. Hashemi, 2017 ONSC 6581
COURT FILE NO.: CV-17-578096
DATE: 20171103
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Chinh Nam Huynh, Plaintiff
AND:
Marzieh Hashemi & Reza Ebrahimi, Defendants
BEFORE: Madam Justice V.R. Chiappetta
READ: November 3, 2017
ENDORSEMENT
[1] By correspondence dated September 19, 2017 the plaintiff was provided with notice that the court was considering making an order staying or dismissing the proceeding under Rule 2.1.01 of the Rules of Civil Procedure. The plaintiff provided submissions in response to the notice, providing names of witnesses and documents in furtherance of his claim. I have considered both the documents and submissions, along with the claim as drafted. Read together, the claim is devoid of any material facts on which the plaintiff relies for the claim, the essential elements of the causes of action he attempts to put forward and the particulars necessary to permit a proper response. For these reasons, the pleading, on its face, is an abuse of process of the court, is destined to fail and is therefore properly dismissed under Rule 2.1.01 of the Rules of Civil Procedure.
V.R. Chiappetta J.
Date: November 3, 2017