Court File and Parties
Court File No.: CV-25-075 (Owen Sound)
Date: 2025-05-23
Court: Ontario Superior Court of Justice
Between:
Graham and Hogarth AKA Graham Hogarth,
Nicole Christine and Lobb AKA Nicole Lobb,
Nicole Christine Lobb
Plaintiffs
-and-
Royal Bank of Canada and Joseph Doria
Defendants
Appearances:
Graham and Hogarth AKA Graham Hogarth, Nicole Christine and Lobb AKA Nicole Lobb, Nicole Christine Lobb, acting in person
James Satin and Carrie Kennedy, for the Defendant Royal Bank of Canada
Brandon Fragomeni, for the Defendant Joseph Doria
Read: May 23, 2025
Endorsement
Justice R. Chown
Background
[1] The defendant Royal Bank of Canada has filed a requisition under rule 2.1.01(4) seeking a dismissal of this action. I have determined under rule 2.1.01(6) that “it may be appropriate to make an order [dismissing or staying the action] under subrule (1).” Therefore, the registrar is directed to give notice to the parties in Form 2.1B that the proceeding may be stayed or dismissed. The parties are advised that under rule 2.1.01(7) through (10):
Procedure Under Rule 2.1.01
(7) Once the registrar gives notice to the parties,
(a) the proceeding is automatically stayed until the court either makes an order under subrule (1) or an order declining to stay or dismiss the proceeding; and
(b) no party may take any step in the proceeding other than the steps in this rule, unless the court orders otherwise.
(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).
(10) Rule 16 applies with necessary modifications to the determination of when a document given or mailed to a person under subrule (9) is considered to have been received.
Chown J.
Released: 2025-05-23