Court File and Parties

Court File No.: CV-24-1421 Date: 2024/08/19 Superior Court of Justice - Ontario

Re: CANADIAN HOME IMPROVEMENT CREDIT CORPORATION, Plaintiff And: JOSE RODRIGUES AND SUSAN RODRIGUES, Defendants

Before: Mitchell J., Local Administrative Judge - London

Counsel: C. Murphy, for the plaintiff M. Gobin, for the defendants

Heard: In writing.

Endorsement

[1] This matter comes before me on an ex parte basis. By requisition and correspondence dated June 23, 2024, the defendants requisitioned/requested (via lengthy written submissions) that the court, pursuant to its authority under Rule 2.1.01(1) of the Rules of Civil Procedure, dismiss this action on the basis the proceeding appears, on its face, frivolous or vexatious or otherwise an abuse of the process of the court. Specifically, the defendants submit the proceeding is statute-barred and also improperly commenced within the Ontario Superior Court of Justice (rather than the court’s Small Claims Court division). The defendants’ requisition and correspondence were not copied to the plaintiff or its counsel.

[2] Pursuant to the process prescribed by subrule 2.1.01(3)1. and on my direction, the Registrar gave notice to the plaintiff in Form 2.1A dated June 28, 2024 advising that the court was considering making an order under rule 2.1.01 dismissing the action (the “Notice”). Defendants’ counsel was provided with a copy of the Notice.

[3] The plaintiff was invited to file written submissions within fifteen (15) days of the date of the Notice. As of the date of this endorsement, no submissions have been filed by the plaintiff or response of any kind.

[4] Out of an abundance of caution, I hereby direct a copy of the defendants’ requisition and correspondence dated June 23, 2024 together with fresh Notice in Form 2.1A be issued to the plaintiff and copied to their counsel of record as noted in the Statement of Claim.

[5] Pending the outcome of this written hearing under rule 2.1 or further order of the court, this action is stayed pursuant to s.106 of the Courts of Justice Act, R.S.O. 1990, c.C.43.

[6] The Registrar shall accept no further filings in this action excepting only the plaintiff’s written submissions if delivered in accordance with sub-rule 2.1.01(3).

“Justice A.K. Mitchell” Justice A. K. Mitchell Date: August 19, 2024