Court File and Parties

COURT FILE NO.: CV-23-00-710097 DATE: 20240418

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: JULIUS FRANCIS NYAKOYO Plaintiff

AND:

PFIZER INC., MORDERNA Respondent

BEFORE: Justice Papageorgiou

READ: IN WRITING

Endorsement

Overview

[1] In this action the Applicant sues a number of Respondents relating to the COVID vaccine.

[2] The Respondents made a request of the registrar pursuant to r. 2.1.01(6) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (“the Rules”) for an Order that this proceeding be dismissed on the basis that, on its face, it is frivolous, vexatious or an abuse of process.

[3] On January 26, 2024, I directed the registrar to give notice to the Plaintiff in Form 2.1A that the court is considering making an order under r. 2.1.01(2).

[4] The Plaintiff did not provide any submission in response.

Decision

[5] For the reasons that follow, I am satisfied that this case should be dismissed pursuant to r. 2.1.01.

The issue

[6] The only issue is whether this Claim is frivolous, vexatious or an abuse of process on its face.

Analysis

[7] Rule 2.1.01(1) provides as follows:

The court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.

[8] 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) are not meant for close calls and decisions pursuant to this rule must be based upon whether the Statement of Claim, on its face is frivolous, vexatious or an abuse of process.

[9] The Statement of Claim here contains hallmarks of a vexatious proceeding set out in Gao v. Ontario WSIB, 2014 ONSC 6497 (Gao, additional reasons), at para 15 because it contains rambling discourse and the following nonsensical claims:

• that the government hurt the Plaintiff’s brain by injecting microchips through vaccines.
• that Pfizer and Moderna use nanoparticles or nanotechnology to create microchips and implant them into people.
• that the government is torturing the Plaintiff constantly.
• that the government is constantly putting images in the Plaintiff’s head.
• that he once had a dream about Anya Olsen and then someone put a picture of a toddler in his head as well as images of Biden, Trudeau, and CNN showing him their penises.
• that they keep threatening the life of a CNN reporter named Kate Bolduan.
• that they have used the police to try to kill him like George Floyd.
• that they continually change his passwords and say that he is a schizophrenic.
• that the technology they use is mind reading technology and that therefore classified information is available for anyone to see.
• that they are trying to take over his body.
• that a nurse at CAMH had the wrong name tag and that he saw another patient at CAMH who had shoelaces on. He believes that patient was wearing shoelaces so the plaintiff could be strangled with them.
• that his Koodo account was hacked, and his email address changed.
• that he saw a police officer with the words “King Indictment” on his vest when he was walking down the street.
• that they changed the time on his phone to 24 hours ahead.
• that they put him on medication at CAMH.

[10] He requests that the court provide him with a scanner so he could find the microchip.

Conclusion

[11] Therefore, I am dismissing this Claim on the basis that it is frivolous and vexatious and an abuse of process.

Justice Papageorgiou Date: April 18, 2024