Court File and Parties

CITATION: Designer Bargain Inc. v. The Toronto-Dominion Bank, 2017 ONSC 6588

COURT FILE NO.: CV-17-583538

DATE: 20171102

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Designer Bargain Inc., Fashion Concept Ltd. and 1 Contemporary Fashion Lifestyle Inc., Plaintiffs

AND:

The Toronto-Dominion Bank, TD Canada Trust, TD Asset Management, TD Wealth and TD Securities, Defendants

BEFORE: Madam Justice V.R. Chiappetta

HEARD: November 2, 2017

Endorsement

[1] This motion was referred to me by the registrar’s office pursuant to rule 2.1.01(7) following receipt of a written request from lawyers for the defendants, under subrule 2.1.01(6).

[2] It appears on the face of the Statement of Claim that it may be frivolous and vexatious. The plaintiff should therefore be called upon to make submissions as to why the claim should not be dismissed at this time.

[3] On reviewing the material forwarded by the registrar, the court makes the following order:

a. Pursuant to subrule 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 Rule 2.1.01 dismissing the action;

b. 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 s.106 of the Courts of Justice Act, R.S.O. 1990, c.C.43[^1];

c. The registrar shall accept no further filings in this action excepting only the plaintiff’s written submissions if delivered in accordance with rule 2.1.01(3);

d. In addition to the service by mail required by 2.1.01(4) rule, 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.

V.R. Chiappetta J.

Date: November 2, 2017

[^1]: See Gao v. Ontario WSIB et al., 2014 ONSC 6100 at para.