Hemchand v. Sawhney et al., 2025 ONSC 241
Court and Parties
Court File No.: CV-22-00681472-0000
Date: January 13, 2025
Court: Superior Court of Justice - Ontario
Applicant: Ramlall Hemchand (self-represented)
Respondents:
- Arjun Sawhney (self-represented)
- Dhruv Sawhney (self-represented)
- Attorney General of Ontario (represented by Matthew Chung)
Before: J.T. Akbarali
Heard: In writing
Endorsement
[1] Counsel for His Majesty the King in right of Ontario (“Ontario”) has requested that the court consider dismissing this application under r. 2.1.01(6) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. The request has been forwarded to me for review.
[2] It appears that the application against Ontario may be frivolous, vexatious, or abusive. The claim relates to allegations that the applicant’s landlords, the individual respondents, breached the applicant’s privacy, breached the lease agreement between the parties, and intentionally inflicted emotional distress on the applicant, causing damages.
[3] As it relates to Ontario, however, the claim alleges only that (i) the applicant called Ontario (through the office of the Attorney General) to complain about the problems at the rental premises, to no avail; (ii) Ontario should have known that there was an illegal occupation of six people in the basement rental premises when the by-laws only allow three; and (iii) Ontario should have taken action against the individual respondents for sending digital images of the applicant over the internet to others in foreign countries without the knowledge, consent or benefit of the applicant.
[4] The pleading does not identify a claim against Ontario, or any duty Ontario owed to the plaintiff that was breached.
[5] I make the following order:
a. Pursuant to subrule 2.1.02(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 subrule 2.1.01(1) dismissing the application against Ontario;
b. Pending the outcome of the written hearing under r. 2.1.01(3) or further order of the court, the application action against all of the respondents is stayed pursuant to s. 106 of the Courts of Justice Act, R.S.O. 1990, c. C.43;
c. The registrar shall accept no further filings in this action excepting only the applicant’s written submissions if delivered in accordance with r. 2.1.01(3), that is, written submissions from the applicant of no more than 10 pages in length delivered within 15 days of receiving the notice under Form 2.1A;
d. In addition to the service by mail required by rule 2.1.01(4), the registrar shall serve a copy of this endorsement and a Form 2.1A notice on the applicant and counsel for the respondents, or the individual respondents personally, if it has their email addresses.
J.T. Akbarali
Date: January 13, 2025