SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Yi Yu Lai, Plaintiff
AND:
Ma, Chang Chen, Defendant
BEFORE: Justice Grant R. Dow
COUNSEL: Plaintiff- Self Represented
Adam C. Pantel, for the Defendant
HEARD: May 5, 2026
ENDORSEMENT
1This matter was referred to me on April 30, 2026 by the Registrar’s office pursuant to Rule 2.1.01(7) of the Rules of Civil Procedure following receipt of a request from counsel for the defendant. The letter requested the action be dismissed as frivolous or vexatious or otherwise an abuse of the process of the Court.
2In accordance with Rule 2.1.01(1) the pleading is evaluated “on its face” or without any other material. Here, the plaintiff seeks damages in excess of two million dollars. The Statement of Claim makes various allegations apparently arising out of the defendant’s representation of the mother of the plaintiff’s two children and family law disputes arising from that relationship. The law in this area is clear that no duties are imposed on the lawyer to anyone other than his own client except for the most unusual of circumstances. Actions of this nature often dismissed on a defendant’s motion for summary judgment when there is evidence tendered which develops the factual matrix (as occurred for example in Bell v. Teitel, 2023 ONSC 3918). However, the various allegations made by the plaintiff against the defendant may have amounted to a legal wrong outside the various protections the law provides to a lawyer reparenting his or her client.
3This does not mean the plaintiff will be successful in this action. Much of the content of the Statement of Claim lacks details and fails to comply with Rule 25.06. The defendant may bring a motion to seek early dismissal of the action under Rule 20 or Rule 21. A demand for particulars may also be required.
4The plaintiff is also risking the Court may order payment of some or substantially all of the defendant’s legal costs. I urge the plaintiff to obtain legal advice.
5The request for dismissal under Rule 2.1.01(1) is rejected.
Mr. Justice G. Dow
Date: May 5, 2026