Court File and Parties

COURT FILE NO.: CV-18-00598962-000 DATE: 20180713

SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

Stuart Weinstein, Plaintiff

• and -

Government of Canada, Government of Ontario, YMCA of Greater Toronto, Humber Institute of Technology & Advance Learning and Condo Management Regulatory Authority of Toronto, Defendants

BEFORE: J.F. Diamond J.

READ: July 12, 2018

Endorsement

[1] This action was referred to me by the registrar’s office pursuant to Rule 2.1.01(7) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 following receipt of a written request under Rule 2.1.01(6) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 submitted by the lawyers for the defendant Attorney General of Canada incorrectly named in the style of cause as Government of Canada.

[2] A review of the plaintiff’s Notice of Action issued on June 1, 2018 discloses that the plaintiff seeks the remedy of specific performance based upon an alleged breach of contract against the “Government of Ontario” for a failure to grant the plaintiff “a general license” although no discernable particulars of the terms of the contract or its alleged breach are provided. As best as I can understand, it appears the plaintiff is alleging that there was a contractual obligation to train him in some program offered by the provincial government.

[3] It is very difficult, if not impossible, to understand the nature of the cause(s) of action being pursued by the plaintiff, and the Notice of Action appears to be frivolous, vexatious, and an abuse of process on its face. However, before I make any order directing the registrar to give a Form 2.1A notice to the plaintiff, I believe that the provisions of Rule 14.03(3) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 require me to wait until I review the plaintiff’s Statement of Claim which must have been filed within 30 days of the issuance of the Notice of Action (ie. on or before July 3, 2018).

[4] The request from the Attorney General of Canada is dated June 22, 2018 which is before the expiry of the 30 day period given to the plaintiff to file his Statement of Claim. The plaintiff’s Statement of Claim, if filed, could presumably expand upon the lack of narrative, material facts and cause(s) of action in his Notice of Action.

[5] If a Statement of Claim was filed by the plaintiff before July 3, 2018, a copy of that Statement of Claim shall be forwarded to my attention.

[6] If a Statement of Claim was not filed by the plaintiff before July 3, 2018, then presumably this action has already been stayed pending the plaintiff obtaining leave of the court under Rule 14.03(3) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194.

[7] Order accordingly.

Diamond J. Released: July 13, 2018