Court File and Parties

COURT FILE NO.: CV-19-00632513 DATE: 2020-02-05 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: 2680432 Ontario Inc. AND: Canadian Entertainment Properties Inc., Allan Barnes, Sutton Group–Select Realty Inc., and Shelley Rether

BEFORE: Madam Justice O’Brien

COUNSEL: 2680432 Ontario Inc, Self-Represented P. Gaglia for the Defendants, Shelley Rether and Sutton Group-Select Realty Inc. P. Brooks for the Defendants Canadian Entertainment Properties Inc. and Allan Barnes

HEARD: In Writing

Endorsement

[1] This motion was referred to me by the registrar’s office pursuant to r. 2.01.1(7) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 following receipt of a written request by lawyers for the Defendants, Shelley Rether and Sutton Group- Select Realty Inc. pursuant to r. 2.01.1(6).

[2] The Statement of Claim in this matter appears on its face to be frivolous, vexatious or an abuse of process. The crux of the Plaintiff’s case appears to be a complaint that the Defendants attempted to sell 17 acres of land to the Plaintiff that the Plaintiff had already purchased. The Plaintiff has referenced negligent misrepresentation and deceit, as well as numerous provisions of the Criminal Code, but it is not clear how attempting to sell land that has already been purchased constitutes a cause of action. It also is not clear how the Plaintiff is claiming to have suffered any damages as a result of the Defendant’s alleged actions.

[3] I have concerns that the claim, as it currently reads, fails to advance a clear or legitimate cause of action. However, I note that if there is a dispute about the ownership of a parcel of land and the Plaintiff’s intention is to bring an action for breach of contract and/or seek a declaration as to ownership, it may be possible to amend the Statement of Claim to that effect.

[4] On reviewing the material forwarded by the registrar, the court makes the following order:

(1) Pursuant to r. 2.1.01(3)(1), the registrar is directed to give notice to the Plaintiff in Form 2.1A that the court is considering making an order under r. 2.1.01 dismissing the action;

(2) Pending the outcome of the written hearing under r. 2.1 or further order of the court, the Plaintiff’s action is stayed pursuant to s. 106 of the Courts of Justice Act, R.S.O. 1990, c.C.43;

(3) In addition to the service by mail required by r. 2.1.01(4), the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the Plaintiff and counsel for the Defendants by e-mail if it has their e-mail addresses.

O’Brien, J.

Date: February 5, 2020