Court File and Parties
Court File No.: 20-84983 Date: 2021-02-11 Superior Court of Justice - Ontario
Re: Alexander Bissonnette, Applicant And: Roger Callow, Respondent
Before: Mr. Justice Pierre E. Roger
Counsel: Kristopher L. Dixon, Applicant Roger Callow, self-represented – did not attend
Heard: February 11, 2021
Endorsement
[1]
Overview
The applicant brings an application seeking an order that the respondent is a vexatious litigant.
2The application was issued on November 13, 2020. It was served personally on November 23, 2020. In addition, prior to the return of the application, it was served again, together with the factum, by email, on February 2, 2021.
3Counsel for the applicant informed the court that he has received correspondence from the respondent which makes it clear that the respondent is aware of this application, and of this scheduled court date. In fact, in the correspondence, the respondent appears to indicate that he has no intention of calling in to the scheduled zoom conference or joining the zoom conference for this application – he wants the court to call him. Accordingly, the registrar called the respondent this morning to ask him to join the zoom conference for this application, but the respondent was not available or did not answer the telephone call. It is now past 11:45 a.m. and the respondent has not joined the conference, and we cannot reach him.
[4]
Adjournment and Directions
As this is the first appearance, and on the suggestion of Mr. Dixon, counsel for the applicant, this application is adjourned to 10:00 a.m. on Thursday, April 8, 2021, for half a day (3 hours). A reporter will be required. Preferably, if possible, as I have read the materials, the return application on April 8 should be assigned to me. Otherwise, if this is not possible, I will not be seized of the matter.
5This adjournment is peremptory on the respondent. If the respondent does not attend the scheduled zoom conference for this application for the date indicated above, the application may proceed and be heard in his absence. This endorsement serves as a warning to the respondent that failure to attend the zoom conference for this application on April 8 may result in the application being heard in his absence.
6The respondent must connect to the zoom coordinates provided by the court or else call the number provided by the court in order to join the zoom conference for this application on April 8. He must join or call in at the scheduled time – as the court will not call him on April 8 (technology apparently requires that he connects or calls in).
[7]
Interim Order
In the interim, between now and April 8, 2021, or until this application is heard, the respondent shall not start any additional action in any court in Ontario without leave of a Superior Court judge as provided by s. 139 of the Courts of Justice Act, R.S.O. 1990, c. C43, and shall not pursue any steps or seek any remedy in the one remaining action until this application is dealt with. He may however file materials to respond to this application.
[8]
Costs
Costs for today are reserved for the judge hearing the application.
Mr. Justice Pierre E. Roger Date: February 11, 2021
Release Details
Court File No.: 20-84983 Date: 2021-02-11 Ontario Superior Court of Justice
Re: Alexander Bissonnette, Applicant And: Roger Callow, Respondent – did not attend
Before: Mr. Justice Pierre E. Roger
Endorsement Roger J.
Released: February 11, 2021