Court File and Parties
Court File No.: 58869/19 Date: 20190521 Superior Court of Justice - Ontario
Re: Lloyd Patrick Dettering, Plaintiff And: Peter Donald Walchuk, Kathryn Cecilia Walchuk, Matthew Hope, and Nicole Lynn Hope, Defendants
Before: The Honourable Mr. Justice Robert B. Reid
Heard in Writing: May 17, 2019
Decision Under Rule 2.1.01 of the Rules of Civil Procedure
[1] By letter from counsel for Peter Walchuk and Kathryn Walchuk dated April 30, 2019, the court was requested to stay or dismiss the claim, pursuant to rule 2.1.01(1) of the Rules of Civil Procedure because the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.
[2] At the direction of the court, the Local Registrar sent a notice, form 2.1A, to the plaintiff to the effect that the proceeding would be stayed or dismissed unless, within 15 days of receiving the notice, the plaintiff filed a written submission responding to the notice. Form 2.1A also informed the plaintiff that a copy of his submission might be given to any other party to the litigation at the direction of the court.
[3] On May 19, 2019, a five-page handwritten submission was filed by the plaintiff.
[4] Although the rule allows the court to permit submissions from the other parties in response to those of the plaintiff, I have determined that it is unnecessary in this case to invite those further submissions.
[5] The statement of claim was issued on April 5, 2019. The plaintiff used the printed Form 14A and inserted additional information in handwriting.
[6] The body of the claim consists in its entirety of the following information in addition to the name, address and telephone number of the plaintiff:
- Conspiracy and concerted action liability.
- Constitutional tort.
- Deceit.
- Defamation.
- Intentional interference with economic relations.
- Malicious prosecution.
- Mental suffering.
[7] No other information is contained as part of the claim.
[8] Rule 25.02 provides that a pleading shall be divided into paragraphs numbered consecutively, and that each allegation shall, so far as is practical, be contained in a separate paragraph.
[9] Rule 25.06(1) provides that every pleading shall contain a concise statement of the material facts on which the party relies for the claim or defence, but not the evidence by which those facts are to be proved.
[10] The statement of claim is clearly deficient. It is devoid of any material facts. It is impossible for a defendant to respond in any meaningful way.
[11] The written submission received from the plaintiff contends a narrative, telling a story of conflict between the plaintiff and his neighbours who are the defendants. Whether that narrative supports any or all of the seven causes of action listed is not clear. In any event, material facts from the narrative or elsewhere need to be included in the statement of claim in a coherent way, connected to the causes of action.
[12] The plaintiff is self-represented. Nevertheless, the Rules of Civil Procedure apply to all litigants, with or without counsel, and must be adhered to. Because the plaintiff is self-represented, the court will grant him the opportunity to amend the statement of claim to make it compliant with the Rules of Civil Procedure, serve the amended document on the defendants and file it with the court. If the plaintiff fails to do so within 60 days of the date of this decision, the claim will be dismissed.
[13] If the plaintiff amends his claim, the defendants will be able to take advice as to appropriate next steps.
[14] I note the statement in the April 30, 2019 letter from counsel for the Walchuk defendants that the claim has not been properly served on Peter or Kathryn Walchuk. I make no comment on that statement since it is not relevant to this decision.
[15] As a matter of transparency, so that all parties can be aware of material filed in this matter, I direct that a copy of the letter from counsel dated April 30, 2019 be forwarded by the Registrar to the plaintiff with a copy of this decision and I direct that a copy of the submissions received from the plaintiff be forwarded by the Registrar to the defendants with their copy of this decision.
Reid J. Date: May 21, 2019