Court File and Parties
COURT FILE NO.: CV-17-25369 DATE: 20171205
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
Torsten Klasen Plaintiff
– and –
The Corporation of the City of Windsor, Anna Kalinowski, Rory Sturdy, Oliver Pozar, Dan Lunardi, Bill Jean, Mayor Drew Dilkins, Windsor Police Association, Staff Sergeant Scott Lamont, Constable D. Carmickle, Constable A. Crossett, Constable Shaw, 469311 Ontario Ltd. (Myers Towing) and Elaine Myers Defendants
Counsel:
Torsten Klasen, acting in person Stephen R. Schenke, for the Defendants, 469311 Ontario Ltd. (Myers Towing) and Elaine Myers
HEARD: November 28, 2017
Reasons on Motion
Carey J. :
[1] The plaintiff, Torsten Klasen (“Klasen”), commenced this $15,000,000 claim arising from two vehicles being towed, in Toronto. Despite the cause of action, all of the parties and all witnesses being based in the Windsor area, he did not consent to a motion to transfer the case to Windsor. He did not respond to the motion brought in writing. The defendants were successful and Howard J., in Windsor, made the order on June 2, 2016 with costs of $3,500, payable by Klasen within 60 days.
[2] The cost order was made on August 5, 2016 and sent out to Mr. Klasen the same date. Correspondence sent to Mr. Klasen made it clear that non-payment within 60 days would result in the defendants moving to dismiss the action. The order has not been appealed.
[3] Mr. Klasen says the order of August 5, 2016 should be stayed so that another judge can determine its correctness. He also says the argument on this motion requires a special motion date to give full chance to argue the merits of his motion. He filed 120 pages in response to the motion. It was filed late with the court’s permission. Among other allegations the defendants are accused of committing armed robbery, extortion and other crimes under the Criminal Code of Canada. The foundation for these allegations is that the police and the City were informed they could not enter on his property without a judge’s order. They ignored his warning that towing his car was illegal.
[4] The material filed in response to the motion fails to address, in any way, why the costs ordered have been outstanding for about 17 months.
[5] On the face of it, this claim is frivolous. The claim itself is rambling, convoluted and claims among other things for damage to the vehicles and the asphalt. The moving party defendants filed material that the plaintiff is not registered on title as the owner of the property. The vehicles are registered to a numbered Ontario corporation. They were ordered towed after a series of warnings to Mr. Klasen as they were considered to be commercial vehicles parked on and stored on residential property in violation of the zoning by-law. Mr. Klassen seems to be claiming that because the property is registered to a corporation that it is commercial property.
[6] The vehicles were apparently retrieved the following day and returned to the 3010 Pillette Road address where they have remained undisturbed by any further attempt to have them towed off of the property. Mr. Klasen points to this as in support of his position that there was no authority to have them towed. It could also be seen as a further defiance of the municipal by-law by Mr. Klasen. One could understand if the municipality has made a business decision that further action is not worth the cost and trouble. It is likely a desired goal of the litigation.
[7] Mr. Klasen is no stranger to the Windsor courts and has over a dozen cases that he is a party to in the Superior Court alone. He is always self-represented. He demonstrates a familiarity with the rules of court.
[8] The outstanding cost order arose because Mr. Klasen started the action in Toronto and refused to consent to its transfer to Windsor. In his transfer ruling Howard J. reviewed the overwhelming connection in this litigation and concluded: “There is no apparent connection to Toronto whatsoever on the face of the material before me.”
[9] Justice Howard also wondered why consent to transfer was opposed if the plaintiff intended to offer no opposition to the motion. This in the view of Howard J. lengthened unnecessarily the duration of the proceeding within the meaning of r. 57.01(1)(e).
[10] Before this Court Mr. Klasen inexplicably explained that he did not respond to the motion in writing brought in Windsor as he could not afford to travel to Toronto. Apart from raising a question as to whether Mr. Klassen bothered to read the motion, it points out that the commencement of this litigation in Toronto was inconvenient even to the plaintiff.
[11] In my view the plaintiff’s actions throughout this litigation are consistent with an intent to drive up costs, lengthen and complicate the proceedings. He has demonstrated no intention to be responsible for the costs he is building up. These defendants were called to what should have been a routine tow at the request of the City for a violation of a municipal by-law.
[12] They have found themselves embroiled in a claim for $15,000,000 with poor prospects of recovery of their costs. There is no rationale for the amount of damages claimed. Mr. Klasen is self-represented and thus insulated from the moderating influence of having to pay for his own counsel. He failed to provide submissions on either the transfer motion or the costs request to Howard J. He failed to address the issue of non-payment of the costs order in his 120 pages of material on this motion, although his comments were sprinkled with references to his poor financial situation.
[13] I conclude that the only fair and effective remedy for the defendants is the striking of the plaintiff’s claim against the moving party defendants. Plaintiff’s claim is struck against the defendants 469311 Ontario Ltd. (Myers Towing) and Elaine Myers.
[14] Costs of the motion fixed at $1,500, payable by the plaintiff to the defendants forthwith.
Original signed “ Carey J. ” Thomas J. Carey Justice
Released: December 5, 2017
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
Torsten Klasen Plaintiff
– and –
The Corporation of the City of Windsor, Anna Kalinowski, Rory Sturdy, Oliver Pozar, Dan Lunardi, Bill Jean, Mayor Drew Dilkins, Windsor Police Association, Staff Sergeant Scott Lamont, Constable D. Carmickle, Constable A. Crossett, Constable Shaw, 469311 Ontario Ltd. (Myers Towing) and Elaine Myers Defendants
REASONS on motion Carey J.