Superior Court of Justice – Ontario
Court File No.: CV-25-1251
Date: 2025-05-15
Parties
Between:
Richard Nicolas Smiciklas, Plaintiff
And:
Home Trust Company and Gowling (WLG) Canada LLP, Defendants
Before
S. Mathai
Appearances
- Richard Nicolas Smiciklas, Self-Represented Plaintiff
- Michael Kestenberg and Beverly Jusko, for the Defendants
Heard
In Writing
Endorsement
[1] The defendant requests that this action be dismissed pursuant to rule 2.1.01(1) of the Rules of Civil Procedure. Rule 2.1.01(1) permits the court to stay or dismiss an action that appears on the face of the statement of claim to be frivolous or vexatious or otherwise an abuse of the process of the court.
[2] Pursuant to Rule 2.1.01(4), any party to the proceeding may file with the registrar a written request for an order under rule 2.1.01(1). The defendant has done so.
[3] Having reviewed the claim, I have determined that it may be appropriate to make an order under 2.1.01(1) on the basis that the plaintiff’s claim is frivolous or an abuse of process. Specifically, the action may be an attempt: (1) to re-litigate issues that were decided by Di Luca J. in a summary judgment decision dated April 22, 2025; and (2) to seek liability against Gowlings WLG Canada for its legal representation of the defendant, Home Trust Company, on its successful summary judgment motion before Di Luca J.
[4] In determining that an order under 2.1.01(2) may be appropriate, I have not made any conclusions as to whether the action is, in fact, frivolous or an abuse of process.
[5] In light of the above, I direct the registrar to give notice to the parties that the proceedings may be stayed or dismissed. Pursuant to Rule 2.1.01(7), the proceeding is automatically stayed until I make an order under 2.1.01(1) or make an order declining to stay or dismiss the proceeding.
[6] The parties will follow the process detailed in Rules 2.1.01(8) and (9). For ease of reference, I reproduce Rules 2.1.01(8) and (9):
Procedures
(8) Unless the court orders otherwise, an order under subrule (1) shall be made on the basis of written submissions, if any, in accordance with the following procedures:
- The plaintiff or applicant may, within 15 days after receiving the notice, file with the court a written submission, no more than 10 pages in length, responding to the notice.
- If the plaintiff or applicant does not file a written submission that complies with paragraph 1, the court may make the order without any further notice to the plaintiff or applicant or to any other party.
- If the plaintiff or applicant files a written submission that complies with paragraph 1, the court may direct the registrar to give a copy of the submission to any other party.
- A party who receives a copy of the plaintiff’s or applicant’s submission may, within 10 days after receiving the copy, file with the court a written submission, no more than 10 pages in length, responding to the plaintiff’s or applicant’s submission.
- A party who files a responding submission shall give a copy of it to the plaintiff or applicant and to any other party who requests a copy.
(9) A document required to be given to a party under subrule (8):
(a) shall be given to the party’s lawyer in a manner listed in rule 16.05; or
(b) if the party is acting in person, shall be mailed to the party in the manner described in subclause 16.01(4)(b)(i).
Date: May 15, 2025
S. Mathai