Court File and Parties

Court File No.: CV-18-00598962-000 Date: 2018-08-01 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 31, 2018

Endorsement

[1] This proceeding was referred to me by the registrar’s office pursuant to Rule 2.1.01(7) following receipt of a written request under Rule 2.1.01(6) submitted by the lawyers for the defendant Attorney General of Canada incorrectly named in the style of cause as Government of Canada.

[2] In my Endorsement dated July 13, 2018, I found the plaintiff’s Notice of Action to be frivolous, vexatious and abuse of process on its face. However, before deciding whether to cause a Form 2.1 Notice to be served upon the plaintiff, I ask that the plaintiff’s Statement of Claim (if issued) be delivered to my attention for review.

[3] On or about July 15, 2018, a copy of the plaintiff’s Statement of Claim issued on June 18, 2018 was delivered to my attention by the Attorney General of Canada.

[4] As per my Endorsement dated July 13, 2018, in his Notice of Action the plaintiff sought the remedy of specific performance based upon a failure by the “Government of Ontario” to grant the plaintiff “a general license”. No particulars of the terms of any contract between the parties or any alleged breach of that contract were provided. I was hopeful that the plaintiff’s Statement of Claim would provide such particulars and allow me to better assess the nature of the alleged causes of action being pursued by the plaintiff.

[5] In the plaintiff’s Statement of Claim, it is very difficult to understand which allegations are being laid against which defendants. It appears that the plaintiff is now seeking general damages of $200,000.00 together with specific performance of “a general license and other licenses that would have flowed from that license.”

[6] In the Statement of Claim, the plaintiff alleges that certain defendants were responsible for administrating second career programs to provide skills training to unemployed or laid off individuals in Ontario. The plaintiff seems to allege that various defendants are liable to him for negligence and/or breach of contract for (a) giving training programs without proper oversight, (b) changing the licensing of condominium managers without “conducting due diligence to investigate if any contract were in place before the changes were implemented”, (c) preventing the plaintiff from achieving any required licenses, and (d) failing to perform the “required due diligence to ensure that no breach of contract or negligence situation existed.”

[7] The plaintiff’s Statement of Claim is bereft of any particulars, and it is certainly arguable that not even a Rule 25.10 motion could save the pleading. What is most confusing is that none of the allegations are tied specifically back to the plaintiff. The plaintiff is not part of any story to be told within the Statement of Claim. The plaintiff does not even allege that he was part of a second career program or other skills training, and even if he was, it is impossible to understand what the defendants are alleged to have done to him.

[8] As such, it appears that this action may be frivolous, vexatious and abuse of process on its face. I therefore make the following Order:

a. Pursuant to Rule 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 this action;

b. Pending the outcome of the written hearing under Rule 2.1 or further order of the court, the action is stayed pursuant to section 106 of the Courts of Justice Act, R.S.O. 1990, c.C.43;

c. The registrar shall accept no further filings in this action other than the plaintiff’s written submissions if delivered in accordance with Rule 2.1.01(3); and,

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

J.F. Diamond J. Released: August 1, 2018