Court File and Parties
COURT FILE NO.: CV-19-00632734-0000
DATE: 2021-06-22
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: CLASSIC POS INC., Plaintiff
AND: PARKDALE COMMUNITY LEGAL SERVICES, JOHN NO AKA SANG HEE NO, MEGAN RAND, RUTH WELLEN, GORAN HINI, HOLLY LOGGIE and THE MINISTRY OF THE ATTORNEY GENERAL, Defendants
BEFORE: Schabas J.
HEARD: In writing
Endorsement
[1] This motion was referred to me by the registrar’s office pursuant to rule 2.1.01(7) following receipt of a written request from the lawyer for the defendants Parkdale Community Legal Services, John No Aka Sang Hee No, Megan Rand and Ruth Wellen.
[2] As it appeared on the face of the Statement of Claim that the action may be frivolous and vexatious, pursuant to Rule 2.1.01(2), on November 26, 2020, the plaintiff was requested to make submissions as to why the claim should not be dismissed.
[3] Having now received and reviewed submissions received from the plaintiff, I am satisfied that the action is frivolous, vexatious and an abuse of the process of the court. The pleading itself is difficult to follow and appears to be raising complaints about matters that have been litigated in other proceedings. In the plaintiff’s submission it is asserted that the claim is “for breaches of the Criminal Code under s. 131 and s. 127 for swearing affidavits containing false facts” and for deliberately ignoring a court order.
[4] The plaintiff has attached short excerpts from an examination which it says supports these allegations. In my view they do not support the allegations. The material confirms that the defendants were attempting to comply with a direction from a judge regarding service, not breach an order. Further, the mis-statement in an affidavit that one of the defendants told the plaintiff in a phone call (which the plaintiff apparently recorded) that they had difficulty serving the plaintiff at a Post Office Box, was clearly explained and does not support a cause of action, let alone an allegation of a criminal offence.
[5] Accordingly, the action shall be dismissed as against the moving defendants.
Schabas J.
Date: June 22, 2021