Court File and Parties
COURT FILE NO.: 18-591651
DATE: 20180312
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: SIDNEY CHEN, Plaintiff
AND
JUDGE GLUSTEIN, JUDGE POLLAK, JUDGE ROBERTS, JUDGE PARDU, JUDGE LAFORME, JUDGE PEPALL and JEFF C. HOPKINS, Defendants
BEFORE: Mr. Justice Robert N. Beaudoin
HEARD: By Requisition
Endorsement
[1] Two separate requisitions were referred to me by the Registrar’s Office pursuant to rule 2.1 .01(6) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, following receipt of written requests from the Defendants. The Plaintiff was copied with those requests.
[2] On February 23, 2018, I directed the Registrar to give notice to the Plaintiff by way of Form 2.1A that the Court was considering making an order under sub-rule 2.1.01 dismissing this action as against the Defendants, Judge Glustein, Judge Pollack, Judge Roberts, Judge Pardu, Judge Laforme and Judge Pepall.
[3] On February 28, 2018, I directed the Registrar to give notice to the Plaintiff by way of Form 2.1A that the Court was considering making an order under sub-rule 2.1.01 dismissing this action as against the Defendant Jeff C. Hopkins.
[4] I have now received the Plaintiff’s written submissions in accordance with rule 2.1(3). In his first submissions, the Plaintiff does not provide any new information that would support his claims against the Defendant Judges nor does he address their absolute immunity from liability in the exercise of their judicial functions. He simply asks that I do not dismiss his claim.
[5] In his second submissions, the Plaintiff again seeks my empathy in not dismissing his claim. He also provides an affidavit which simply mirrors the allegations in his Statement of Claim. Once again, he fails to set out any material facts that would support his claim as against the Defendant, Jeff C. Hopkins nor does he address the concerns set out in my previous endorsement.
[6] These additional submissions do not alter my view that recourse to the attenuated procedure under Rule 2.1 is appropriate in this action; therefore the Plaintiff’s claim is dismissed.
Mr. Justice Robert N. Beaudoin
Date: March 12, 2018
COURT FILE NO.: 18-591651
DATE: 20180312
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: SIDNEY CHEN, Plaintiff
AND
JUDGE GLUSTEIN, JUDGE POLLAK, JUDGE ROBERTS, JUDGE PARDU, JUDGE LAFORME, JUDGE PEPALL and JUDGE C. HOPKINS, Defendants
BEFORE: Mr. Justice Robert N. Beaudoin
ENDORSEMENT
Beaudoin J.
Released: March 12, 2018

