Court File and Parties

Court File No.: CV-18-601589 Date: 20190311 Superior Court of Justice - Ontario

Re: DOROTHY BUCKHALTER, a person under legal disability by her husband and litigation guardian, IAN R. A. MACMILLAN, IAN R. A. MACMILLAN in his personal capacity, Plaintiffs And: KENSINGTON HEALTH CENTRE carrying on business as KENSINGTON GARDENS, MILLS & MILLS LLP, JAD RABATI, RICHARD G. WORSFOLD, THE OFFICIAL GUARDIAN AND PUBLIC TRUSTEE OF ONTARIO, TORONTO DOMINION CANADA TRUST BANK, Defendants

Before: Justice W. Matheson

Endorsement

[1] This matter was referred to me by the Registrar’s office pursuant to Rule 2.1.01(7) of the Rules of Civil Procedure, following receipt of written requests from counsel to the Toronto-Dominion Bank, Kensington Health Centre and J. Babatti under Rule 2.1.01(6). These parties have requested an order dismissing this action under Rule 2.1.01(1).

[2] The statement of claim is largely handwritten in tiny script (excepting only the court form) and mostly illegible. On attempting to read the statement of claim, the Court makes the following order:

(a) pursuant to subrule 2.1.01(3)1, the Registrar is directed to give notice to the plaintiffs that the Court is considering making an order under Rule 2.1.01;

(b) if the plaintiffs choose to make written submissions under Rule 2.1.01(3)2, they are required to use large and clear enough handwritten or typed lettering to ensure that the submissions are legible;

(c) the plaintiffs are also required to provide a transcription of the handwritten portions of their statement of claim to the defendants that have been served, by regular mail, using larger and clear enough handwritten or typed lettering to ensure that it is legible;

(d) the plaintiffs shall also include the above transcription of the statement of claim together with their written submission under Rule 2.1.01(3)2; and

(e) pending the outcome of the written hearing under Rule 2.1 or further order of the Court, this action is stayed;

(f) the Registrar shall accept no further filings in this action except the plaintiffs’ written submissions and transcribed statement of claim if delivered in accordance with Rule 2.1.01(3) and this order; and

(g) in addition to the service by mail required by Rule 2.1.01(4), the Registrar shall send a copy of this endorsement and a Form 2.1A notice to the plaintiffs and counsel for the defendants by email if the Registrar has their email addresses, and shall provide the plaintiffs with copies of the two letters requesting dismissal of this action under Rule 2.1.

Justice W. Matheson Date: March 11, 2019