Court File and Parties
COURT FILE NO.: CV-23-00707907-0000 DATE: 20240111 ONTARIO SUPERIOR COURT OF JUSTICE
RE: Keiosha Ross, Plaintiff -and- Children’s Aid Society of Toronto, Defendant
BEFORE: Robert Centa J.
COUNSEL: Keiosha Ross, self-represented Carole Jenkins, for the defendant
HEARD: January 11, 2024
Endorsement
[1]
Endorsement
The registrar’s office referred this motion 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 defendant, under rule 2.1.01(6).
2I have reviewed the statement of claim and it appears to me that it may be frivolous and vexatious. The plaintiff should have the opportunity to make submissions as to why the claim should not be dismissed at this time.
[3]
Order
On reviewing the material forwarded by the registrar, I make the following order:
a. pursuant to rule 2.1.01(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 rule 2.1.01 dismissing the action;
b. pending the outcome of the written hearing under Rule 2.1 or further order of the court, the plaintiff’s action 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 excepting only the plaintiff’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 plaintiff and counsel for the defendants by email if it has their email addresses.
4I am seized of this matter.
Robert Centa J.
Date: January 11, 2024
1See Gao v. Ontario WSIB et al., 2014 ONSC 6100 at para.