Court File and Parties
Court File No.: CV-23-3959-0000 Date: 2024-04-02 Ontario Superior Court of Justice
Re: Andre Milne, Applicant -and- Attorney General of Ontario, Respondent
Before: Robert Centa J.
Counsel: Andre Milne, self-represented Nansy Ghobrial, for the respondent
Heard: April 2, 2024
Endorsement
[1] The registrar’s office referred this application to me pursuant to rule 2.1.01(7) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, following receipt of a written request from lawyers for the respondent, the Attorney General for Ontario, under rule 2.1.01(6). Although this case originated in the Central West Region, the Regional Senior Justice of that region requested a judge in the Toronto Region hear this matter.
[2] I have reviewed the notice of application and it appears to me that it may be frivolous and vexatious. The applicant should have the opportunity to make submissions as to why the application should not be dismissed at this time, pursuant to rule 2.1.01(1). I make the following order:
a. pursuant to subrule 2.1.01(3)(1), the registrar is directed to give notice to the applicant in Form 2.1A that the court is considering making an order under rule 2.1.01 dismissing the application as frivolous or vexatious or otherwise an abuse of the process of the court;
b. pending the outcome of the written hearing under rule 2.1 or further order of the court, the application is stayed pursuant to s.106 of the Courts of Justice Act, R.S.O. 1990, c.C.43; [1]
c. The registrar shall accept no further filings in this action except for the applicant’s written submissions if delivered in accordance with rule 2.1.01(3);
d. In addition to the service by mail required by 2.1.01(4) rule, the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the applicant and counsel for the respondent by email, if the registrar has their email addresses.
[3] I am seized of this matter.
Robert Centa J. Date: April 2, 2024
Footnotes
[1] See Gao v. Ontario WSIB et al., 2014 ONSC 6100 at para.