Court File and Parties

COURT FILE NO.: CV-20-650089 DATE: 20201202

ONTARIO SUPERIOR COURT OF JUSTICE

B E T W E E N:

James Dennett, Plaintiff

– and –

Marlaina Gilbert et al., Defendants

BEFORE: F.L. Myers J.

READ: November 10, 2020

Endorsement

[1] By endorsement dated November 11, 2020, reported at 2020 ONSC 6865, I directed the registrar to serve a notice in Form 2.1A on the plaintiff. The notice gave the plaintiff 15 days to file no more than 10 pages of submissions explaining why the action should not be dismissed for being frivolous, vexatious, or an abuse of process.

[2] As set out in my prior endorsement, in his statement of claim, Mr. Dennett sues several people for trespass to goods.

[3] The goods that he seeks to have returned to his possession are children.

[4] The statement of claim bears several hallmarks of abusive claims brought in the guise of “Freeman of the Land” or other OPCA models referenced in Meads v. Meads, 2012 ABQB 571.

[5] Mr. Dennett styles himself:

“i, man; james [of the Dennett tribe] prosecutor.

[6] By virtue of the common law, he claims to bring this proceeding in “james Court at Ontario Superior Court of Justice ‘The Court of the Queen’s Bench’ ”. He pleads specifically that he is not bound by the Rules of Civil Procedure.

[7] Mr. Dennett asserts that if any interference occurs with his claim, he requires payment of $1 per second from the time he commenced the claim. He also purports to charge $1,000 per day to the defendants and the CAS from January, 2014 for any failure to restore his “property” by December 7, 2020.

[8] All of this is gibberish that does not merit legal analysis.

[9] In my prior endorsement I provided an opportunity for Mr. Dennett to bring forward a legitimate claim in light of the fact that there appear to be children involved. However, I also noted that if Mr. Dennett is trying to use the court system to lash out at people with whom he is angry and frustrated, that will not be tolerated.

[10] No submissions and no revised claim have been received from Mr Dennett. The time for him to respond has passed. Accordingly, the action is dismissed in favour of all defendants.

[11] If any of the defendants incurred assessable costs, they may deliver no more than three pages of cost submissions as a searchable PDF attachment to an email sent to my Judicial Assistant. The email should be copied to Mr Dennett and must be sent by 4:00 p.m. EST on December 9, 2020. If Mr Dennett chooses to respond, he may send up to three pages of cost submissions in searchable PDF format as an attachment to an email to my Judicial Assistant as well. His email should be copied to the party who claims costs and must be sent no later than 4:00 p.m. EST on December 16, 2020.

[12] In addition to the service by mail required by rule 2.1, the registrar is to serve a copy of this endorsement on the plaintiff and counsel for the defendants by email if it has their email addresses.

F.L. Myers J.

Date: December 2, 2020