citation: "Hoveyda v. Habib, 2019 ONSC 4311" parties: "Samad Hoveyda v. Mark Albert Robert Kairallah Habib" party_moving: "Mark Albert Robert Kairallah Habib" party_responding: "Samad Hoveyda" court: "Superior Court of Justice" court_abbreviation: "ONSC" jurisdiction: "Ontario" case_type: "motion" date_judgement: "2019-07-16" date_heard: "2019-07-16" applicant:

• "Samad Hoveyda" applicant_counsel:
• "Self-represented" respondent:
• "Mark Albert Robert Kairallah Habib" respondent_counsel:
• "Joseph Obagi" judge:
• "Robert N. Beaudoin" summary: > The court, on its own initiative, dismissed the plaintiff's action as frivolous, vexatious, and an abuse of process under Rule 2.1.01 of the Ontario Rules of Civil Procedure. This decision was made after the plaintiff failed to provide written submissions within the prescribed 15-day period following notice that the court was considering such an order. interesting_citations_summary: > This case illustrates the court's inherent power and the application of Rule 2.1.01 to summarily dismiss actions deemed frivolous, vexatious, or an abuse of process, particularly when a plaintiff fails to respond to a notice of intent to dismiss. It highlights the procedural mechanism for judicial gatekeeping to prevent unwarranted litigation. final_judgement: "The action is dismissed as being frivolous, vexatious and an abuse of the process of the Court." winning_degree_applicant: 5 winning_degree_respondent: 1 judge_bias_applicant: 0 judge_bias_respondent: 0 year: 2019 decision_number: 4311 file_number: "CV-19-80261" source: "https://www.canlii.org/en/on/onsc/doc/2019/2019onsc4311/2019onsc4311.html" cited_cases: legislation:
  • title: "Ontario Rules of Civil Procedure, R.R.O. 1990, sub-rule 2.1.01" url: "https://www.ontario.ca/laws/regulation/900194" case_law: [] keywords:
• Dismissal of action
• Frivolous
• Vexatious
• Abuse of process
• Rules of Civil Procedure
• Rule 2.1.01
• Ontario Superior Court areas_of_law:
• Civil Procedure
• Civil Litigation

Court File and Parties

Court File No.: CV-19-80261 Date: 2019-07-16 Superior Court of Justice - Ontario

Re: Samad Hoveyda, Plaintiff And: Mark Albert Robert Kairallah Habib, Defendant

Before: Mr. Justice Robert N. Beaudoin

Counsel: Joseph Obagi, for the Defendant

Heard: By Requisition

Endorsement

[1] On June 26, 2019, I directed the Registrar to give notice to the Plaintiff by way of Form 2.1A that the Court was considering making an order under sub-rule 2.1.01 of the Ontario Rules of Civil Procedure R.R.O. 1990, dismissing this action. No written submissions have been received by the Plaintiff within the 15 day period prescribed in rule 2.1.01(3).

[2] I accordingly dismiss this action as being frivolous, vexatious and an abuse of the process of the Court. I further direct the Registrar to provide a copy of this Endorsement by mail to the Plaintiff and the Defendants.

Mr. Justice Robert N. Beaudoin Date: July 16, 2019