Court File and Parties

COURT FILE NO.: CV-21-663204-0000 DATE: 20210622

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Gary David Brown a.k.a. Gary David Robert Brown, Station Attendant Emeritus

AND:

The University of Toronto, The Governing Council of the University of Toronto, The Office of the President of the University of Toronto, The Department of Computer Science at the University of Toronto and, but without limitation, all past and present assigns and agents thereof and all heirs and successors of same (“University of Toronto”, “U of T”)

BEFORE: J.T. Akbarali J.

READ: June 22, 2021

Endorsement

[1] Counsel for the defendant, The Governing Council of the University of Toronto, have requested that the court consider dismissing this action under r. 2.1.01(6) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. The request has been forwarded to me for review.

[2] The claim purports to name the defendants listed above in the style of cause. It is unclear to me whether the plaintiff’s action names several defendants, or whether it names one, which it describes in multiple ways.

[3] In P.Y. v. The Catholic Children’s Aid Society of Toronto, 2020 ONSC 6660, Myers J. noted the inefficient use of resources that can result if a claim is reviewed under r. 2.1 multiple times, due to multiple requests from different defendants. The court can also review a claim under r. 2.1 on its own initiative. In my view, it is appropriate that I consider the entirety of claim under r. 2.1, and not only those that might be alleged only against The Governing Council of the University of Toronto, in the event that claims are alleged against multiple defendants.

[4] It appears the plaintiff’s claim may be frivolous, vexatious or abusive. The claim pleads very limited facts, and it does not appear to clearly plead a tenable cause of action. The plaintiff should therefore be called upon to make submissions as to why the claim should not be dismissed at this time.

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

a. Pursuant to subrule 2.1.02(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 subrule 2.1.01(1) dismissing the action;

b. Pending the outcome of the written hearing under r. 2.1.01(3) or further order of the court, the plaintiff’s action against all of the defendants is stayed pursuant to s. 106 of the Courts of Justice Act, R.S.O. 1990, c. C.43;

c. The registrar shall accept no further filings in this action excepting only the plaintiff’s written submissions if delivered in accordance with r. 2.1.01(3);

d. In addition to the service by mail required by rule 2.1.01(4), the registrar shall serve a copy of this endorsement and a Form 2.1A notice on the plaintiff and counsel for the defendant(s) if it has their email addresses.

J.T. Akbarali J.

Date: June 22, 2021