Court File and Parties

COURT FILE NO.: CV-23-007-10664 DATE: 20240418

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: TISHA PERSAUD Plaintiff

AND:

TAURUS MORTGAGE CAPITAL Respondent

BEFORE: Justice Papageorgiou

READ: April 17, 2024

Endorsement

[1] This Respondent made a request of the registrar pursuant to r. 2.1.01(6) of the Rules of Civil Procedure for an Order that this proceeding be dismissed on the basis that, on its face, it is frivolous, vexatious or an abuse of process.

[2] This is an employment action where the Plaintiff sues the Defendant alleging that she was recruited by the Defendant, that after she was recruited, she was treated without civility or dignity, that she was subject to ongoing antisemitic adjectives, and that she was terminated without cause and without notice or compensation.

[3] She had only been working at this employment for one month and it may be that this could be some bar to the reasonable notice she claims, although the Defendant did not provide me with any specific submissions on this. In any event, the Plaintiff also claims that she had an employment contract that entitled her to a minimum of three months’ fixed term remuneration. She says that because of the Defendant’s conduct she has suffered from stress, anxiety, and worry all caused by the Defendant’s bad faith actions.

[4] As set out in Myers, J.’s decision in Gao v. Ontario WSIB and Ontario Ombudsman, 2014 ONSC 6100, 37 C.L.R. (4th) 1, at para. 9, r. 2.1.01(1) “is not meant for close calls” and decisions pursuant to this rule must be based upon whether the Application, on its face is frivolous, vexatious or an abuse of process.

[5] Not only is this not a close call, but the Statement of Claim has none of the hallmarks of a vexatious proceeding set out by Myers J. in Gao v. Ontario WSIB, 2014 ONSC 6497, at para 15. It is concise. It does not contain rambling discourse. Indeed, it is well written, cites the usual principles applicable in employment cases as well as facts in support of such principles.

[6] I will not be directing the Registrar to give any notice to the plaintiff that the court is considering making an order under r. 2.1.01(2).

Justice Papageorgiou Date: April 18, 2024