Court File and Parties

Court File No.: CV-19-80656 DATE: 20190705 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: DEIRDRE MOORE, Plaintiff AND VICTOR VALLANCE BLAIS LLP, Defendant

BEFORE: Mr. Justice Robert N. Beaudoin

COUNSEL: Suzanne Sviergula, for the Defendant

HEARD: By Requisition

Endorsement

[1] This matter was referred to me by the Registrar pursuant to Rule 2.1 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (“the rules”), upon receipt of a requisition by counsel for the Defendant, Victor Vallance Blais LLP (“VVB”). Counsel seeks an order under sub-rule 2.1.01(1) dismissing this action as the Statement of Claim appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. Counsel also seeks a stay of the action pending the resolution of this request. This is a second request made by the defendant for a dismissal of a claim by this plaintiff.

[2] I have reviewed the Statement of Claim in this matter. The plaintiff claims: − Pecuniary damages in the amount of $98,999 due to the intentional infliction of emotional suffering. − Pecuniary damages in the amount of $98,999 (less the amount awarded for intentional infliction of emotional suffering) due to the negligent infliction of emotional suffering. − Other damages that the Court deems to be fair and just. − Costs on a full indemnity basis.

[3] This is followed by five short paragraphs wherein she refers to her efforts to serve the defendant with legal documents. The particulars are not set out, but can be found in the previous preceding commenced by the plaintiff against this defendant (action no.CV-19-80574).

[4] I dismissed that prior claim and held that the pleading was a clear example of the type of claim targeted by Rule 2.1. Even if read generously, the plaintiff has not pleaded any material facts in support of a claim of intentional or negligent infliction of emotional suffering. The facts as pleaded could not possibly give rise to any such claims which have no chance of success.

[5] I see no purpose in seeking further written submissions from the plaintiff following the procedure set out in rule 2.1.01(3). This plaintiff is trying to re-litigate a claim that has already been dismissed, and as such, this claim is a clear abuse of the process of the court.

[6] I accordingly exercise my discretion pursuant to rule 2.1.01(3) to dismiss this claim without receiving any further submissions from the plaintiff.

Mr. Justice Robert N. Beaudoin Date: July 5, 2019