Citation: Strang v Ontario, 2017 ONSC 994
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: MARGARET STRANG (MALGORZATA) Plaintiff
-and-
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO Defendant
READ: February 9, 2017
ENDORSEMENT
1The court has reviewed the statement of claim in this matter at its own initiative under Rule 2.1.01(1) and (7).
2The statement of claim appears on its face to be frivolous, vexatious, or an abuse of process. The plaintiff’s complaints are not readily discernable. They appear to stem from mistreatment that the plaintiff alleges occurred at her place of employment by the government and the subsequent failure of her union to advance her cause adequately. It is apparent that the bulk of the matters of which the plaintiff complains, if stated in a cognizable manner, would fall within the jurisdiction of the Ontario Labour Relations Board rather than this court. This court has no jurisdiction, for example, to order reinstatement of the plaintiff to her former employment as she seeks.
3In any event, although it is possible to discern individual allegations of unlawful conduct in the statement of claim, on its face, the pleading is patently non-justiciable. While making all manner of bald, heinous allegations against many individuals, the pleading as a whole bears hallmarks of querulant litigant. Gao v. Ontario WSIB, 2014 ONSC 6497 at paras. 14 and 15. The claim appears to be frivolous in the sense of having no chance of success as discussed in Currie v. Halton Regional Police Services Board, 2003 CanLII 7815 (ON CA),
4On 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.431;
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 defendant by email if it has their email addresses.
F.L. Myers J.
Date: February 9, 2017
Footnotes
- See Gao v. Ontario WSIB et al., 2014 ONSC 6100 at para.