Superior Court of Justice - Ontario

COURT FILE NO.: CV-19-00629625; CV-18-00601954

DATE: 20210310

RE: Tammy MacLeod (nee Laronde), by her Litigation Guardian William Dale MacLeod and William Dale MacLeod

AND:

Native Child and Family Services of Toronto, McMaster University Medical Centre (McMaster Children’s Hospital)

AND RE:

William Dale MacLeod

AND:

Toronto Catholic District School Board, et al.

BEFORE: Mr. Justice Chalmers

COUNSEL: N. Hassan and E. Sanderson for the Defendant, McMaster University Medical Centre C. Jenkins, for the Defendant, Native Child and Family Service of Toronto B. Clarke for the Defendant, Toronto District School Board S. Metzler for the Defendant, Toronto Catholic District School Board S. Murtha for the Defendant, York University L. Mapplebeck for the Defendant, Hamilton Wentworth School Board N. Fitz for the Defendant, Ryerson University A. Harper for the Public Guardian and Trustee (“PGT”) No one appearing for the Plaintiffs

HEARD: Teleconference

ENDORSEMENT

[1] The case management conference today dealt with two separate actions brought by William MacLeod (Mr. MacLeod); MacLeod v. McMaster; CV-19-00629625 (the “McMaster Action”) and MacLeod v. TCDSB; CV-18-00601954 (the “TCDSB Action”).

[2] In the McMaster Action, the Defendants brought two separate motions pursuant to R. 2.1 to dismiss the action on the basis that the action on its face is frivolous or vexatious or otherwise an abuse of process. By endorsement dated November 9, 2020, Justice Leiper found there was a cause of action pleaded against McMaster and she dismissed the R. 2.1 motion brought by McMaster.

[3] Native Child and Family Services (“NCFS”) brought a R. 2.1 motion in the McMaster Action as well in a separate action; MacLeod v. NCFS; CV-19-00629623 (the “NCFS Action”). By endorsement dated May 20, 2020, Justice Sossin dismissed the NCFS Action on the basis that no valid cause of action was pleaded. The decision was appealed by Mr. MacLeod. The Court of Appeal dismissed the appeal pursuant to R. 2.1. Justice Sossin’s decision with respect to the R. 2.1 motion brought by NCFS in the McMaster Action, has not been released.

[4] By order of Justice Myers dated December 21, 2020, I was appointed the case management judge for the McMaster Action.

[5] McMaster requested a case conference for directions on how to best move the matter forward. The case conference took place on January 29, 2021. Counsel for McMaster argued that the claim as currently constituted, cannot continue. The Court of Appeal in its endorsement dismissing the Notice of Appeal stated that Mr. MacLeod continues to require a litigation guardian. In addition, counsel argued that Mr. MacLeod purports to be the Litigation Guardian for Tammy MacLeod. As a party under disability, he cannot act as a Litigation Guardian: R. 7.02. Also Ms. MacLeod is a party under disability and must be represented by counsel.

[6] Mr. MacLeod argued that he is no longer under a disability and does not require a litigation guardian. He attempted to retain counsel on behalf of Tammy MacLeod but was unsuccessful. He asks that he be allowed to continue to act on his own behalf and as litigation guardian for Tammy MacLeod.

[7] By endorsement dated January 29, 2021, I ordered Mr. MacLeod to provide a copy of the Affidavit of Litigation Guardian of Tammy MacLeod to counsel for McMaster. I also directed Mr. MacLeod to use his best efforts to retain counsel on behalf of Tammy MacLeod. He was directed to prepare a draft Amended Statement of Claim in which he pleads the material facts relied on in support of his claim against McMaster. The next case conference was scheduled for March 8, 2021.

[8] On March 1, 2021, the Application brought by Mr. MacLeod against the TCDSB and other education institutions came before me in Short Motion Triage. On July 20, 2020, Justice Glustein had ordered a stay of the action because Mr. MacLeod was not represented by the PGT. Mr. MacLeod was seeking a motion for an order setting aside the stay on the basis that he no longer requires a litigation guardian and for an order for leave to amend the Statement of Claim.

[9] I convened a case conference to be conducted in the TCDSB Action. Due to the finding by Justice Glustein that Mr. MacLeod requires representation by the PGT, I directed that a copy of the endorsement be provided to the PGT and that the PGT attend the case conference. The case conference was scheduled for March 10, 2021.

[10] Mr. MacLeod failed to attend the case conference in the McMaster Action on March 8, 2021. By endorsement dated March 8, 2021, I adjourned the case conference to March 10, 2021 to take place at the same time as the case conference in the TCDSB Action.

[11] Mr. MacLeod did not attend the case conference today. I was advised by counsel for McMaster that on March 9, 2021, Mr. MacLeod had sent a letter to the court and the parties in which he stated that it was his intention to withdraw both the McMaster Action and the TCDSB Action. I did not receive a copy of the letter until after the case conference. The full text of the letter is set out below:

To:

The Honourable Justice Chalmers

Superior Court of Justice

And others

By E-mail

Re: Proceedings CV-18-00601954-0000 (MacLeod v. TCDSB et al) and CV-19-00629625-0000 (MacLeod et al v. Native Child and Family Services of Toronto et al)

I, William Dale MacLeod, on this Ninth Day of March 2021, make the decision in light of the presented arguments by respondents and defendants to withdraw the named proceedings.

I make this decision because it would be easier for me to address the issues present with the Public Guardian and Trustee solely. The decision of Sossin is erroneous, as is the other decisions.

I also hold true to fact, that there is quite a notable amount of ableism and other forms of discrimination within the judiciary. I cannot proceed with these actions while I am being discriminated against by counsel and the court. Nor can I address the issues at hand with minimal conflict. I also note that these decisions are defamatory towards me and do not align with my character.

In short, the withdrawal is for damage control, not because of any other [un]foreseeable issue.

Withdrawing these actions will allow for possible mediation and or arbitration of the matter and for the retention of counsel, hopefully, to avoid judicial process. This was proposed before but was not reciprocated will.

This withdrawal does not mean that the claimants will not pursue their claims at a later date. It merely means that I am refocusing my efforts on more pressing issues than addressing the whims of the involved counsel and dealing with these matters.

Kind Regard,

William Dale MacLeod

Ninth March 2021

[12] There continues to be concerns with respect to Mr. MacLeod’s capacity. The issue was raised by Justice Glustein in the TCDSB Action and by Justice Sossin and the Court of Appeal with respect to the R. 2.1 motion brought by NCFS in the NCFS Action. Although there has not been a finding of incapacity in either the McMaster or TCDSB Action, once the issue is raised, there ought to be a determination of the issue before further steps in the litigation can take place.

[13] Mr. MacLeod indicates in his letter dated March 9, 2021 that he intends to withdraw both actions. It will be necessary for the court to approve a settlement of the actions, because Tammy MacLeod is a person under disability in the McMaster Action, and there is an issue raised with respect to Mr. MacLeod’s capacity.

[14] Counsel for McMaster advised that McMaster will bring a motion for an order appointing the PGT as litigation guardian for Mr. MacLeod and Tammy MacLeod in the McMaster Action. Counsel will also bring a motion for court approval of the settlement of the McMaster Action. The Defendants in the TCDSB Action will also bring a motion appointing the PGT as litigation guardian for Mr. MacLeod and for court approval of the settlement of the TCDSB Action. Counsel for the Defendants in the TCDSB Action will determine between them which party will take the lead in bringing the motions. The motions are to be on notice to the Plaintiffs as well as the PGT.

[15] I direct the Defendants in both the McMaster and TCDSB Actions to serve their Motion Records on Mr. MacLeod and the PGT within 30 days of the date of this endorsement. Mr. MacLeod will have 30 days after receipt of the Defendants’ motion records to advise counsel whether he will be opposing the relief sought. If Mr. MacLeod does not respond or indicates that the motion will not be opposed, the Defendants’ motions will proceed in writing. If Mr. MacLeod opposes the relief sought, counsel for the Defendants will contact the Motions Co-ordinator to schedule a date for the hearing of the motion.

[16] All parties shall file all required motion documents with the Court and pay all required fees through the Civil Submissions Online Portal at https://www.ontario.ca/page/file-civil-claim-online where possible. The parties are referred to the checklist attached that summarizes the processes to file documents with the court and then to upload them to Caselines for use at the hearing. If Mr. MacLeod has difficulty in filing materials through the online portal, he may also send the materials to my assistant, Anna Maria Tiberio at: annamaria.tiberio@ontario.ca.

[17] I remain seized in both the McMaster and TCDSB Actions and I will hear all motions whether in writing or by oral hearing.

[18] I direct counsel for McMaster to serve a copy of this endorsement on Mr. MacLeod.

DATE: March 10, 2021

REQUIRED STEPS CHECKLIST

STEP

HOW

CHECK MARK IF DONE

File documents and pay all fees

File your documents and pay fees using the Civil Submissions Online portal https://www.ontario.ca/page/file-civil-claim-online. If your matter is urgent or you are filing documents for a court date or deadline that is fewer than 5 business days away, email your documents to the court office at : Civil Urgent Matters-SCJ-Toronto CivilUrgentMatters-SCJ-Toronto@ontario.ca

Documents submitted to the court in electronic format must be named in accordance with the Superior Court’s Standard Document Naming Protocol, which can be found in section C.8 of the Consolidated Notice to the Profession, Litigants, Accused Persons, Public and the Media at: https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/consolidated-notice/#8_Standard_document_naming_protocol

See new Rule 4.05.2

Ensure your e-mail address is on all documents filed.

30 DAYS BEFORE HEARING

E-mail Motions Co-ordinator 30 days prior to the motion or application hearing date about the status of the motion or application including names, telephone numbers, and e-mail addresses of all counsel and/or self-represented parties. After this is done, the parties will receive an email from CaseLines saying it is ready to use.

Send e-mail to: LongMotionsStatus.Judge@ontario.ca

AT LEAST ONE WEEK BEFORE HEARING

Upload materials to CaseLines including all Motion Records, Factums, and the requested Draft Order or Judgment.

Upload your factum and draft Order or Judgment in WORD format.

See new Rule 4.05.3

Ensure you e-mail address is on all documents filed.

For more information about CaseLines, including answers to frequently asked questions, refer to Supplementary Notice to the Profession and Litigants in Civil and Family Matters – Including Electronic Filings and Document Sharing (CaseLines Pilot) September 2, 2020; updated December 17, 2020 found at https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/supplementary-notice-september-2-2020/

Confer with opposing counsel and e-mail Motion Confirmation form to Motions Co-ordinator

For motions, see: Rule 37.10.1 and Form 37B.

For applications, see: Rule 38.09.1(1) and Form 38B.

Send e-mail to: LongMotionsStatus.Judge@ontario.ca

SHORTLY BEFORE HEARING

Upload Compendiums. For all oral motions and applications upload a Compendium to CaseLines at any time before the hearing which contain the excerpted portions of the cases and evidence which the parties intend to rely upon.

Counsel and self-represented parties should familiarize themselves with the CaseLines-generated page numbering on uploaded documents for ease in directing the judge to specific pages.

See e-mail from CaseLines

Upload any amended requested Draft Order or Judgment into CaseLines

See uploading instructions in the Frequently Asked Questions About CaseLines at: https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/supplementary-notice-september-2-2020/faq-caselines/

Exchange costs outlines not exceeding 3 pages in length

See Rule 57.01(6) and Form 57B

AFTER THE HEARING

Upload the costs outlines to CaseLines if there have been no Rule 49 Offers to Settle. If there have been Rule 49 Offers to Settle, then costs outlines should be dealt with in the manner directed by the Motions or Applications Judge