Yorkdale Nails & Spa v. Yonge and Steels Holdings Inc., 2026 ONSC 3578
CITATION: Yorkdale Nails & Spa v. Yonge and Steels Holdings Inc., 2026 ONSC 3578
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Yorkdale Nails & Spa, Plaintiff
AND:
Yonge and Steels Holdings Inc., Defendant
BEFORE: Justice Grant R. Dow
COUNSEL: Sudhir Sharma, Self-Represented
Laura C. Basset, for the Defendant
HEARD: June 18, 2026
ENDORSEMENT
1This matter was referred to me by the Registrar’s office on June 11,2026 following receipt of a request by the defendant, dated March 13, 2026 to stay or dismiss the plaintiff’s motion to grant leave to amend its Statement of Claim. The plaintiff appears to have secured a date of July 2, 2026 for its motion to be heard.
2A review of the Motion Record indicates this matter arises out of a dispute while the plaintiff was a tenant in premises owned by the defendant when the Covid pandemic began in March, 2020. The plaintiff seeks damages arising from the defendant’s actions.
3In accordance with Rule 2.1.02(1) the motion is to be evaluated “on its face” or without other materials to determine if it is frivolous, or vexatious or an abuse of the process of the Court.
4There may be problems with the form and content of the proposed amendments, however, I am satisfied an alleged cause of action, whether it be breach of contract or negligence with specified damages has been articulated. As such, it does not meet the criteria which would permit me to dismiss the motion.
5Given Rule 2.1.02(1) states “The court”, and the plaintiff’s motion is returnable before an Associate Justice (see page 50 of the Request material provided), I question whether this matter ought to have been reviewed by me.
6This does not mean that the plaintiff will be successful in its motion or that the plaintiff will not be required to provide particulars in accordance with the Rules of Civil Procedure. Rule 25 and in particularly Rule 25.06 provides directions as to what a pleading must contain (and not contain).
7The plaintiff is risking the Court ordering payment of some or substantially all of the defendant’s legal costs. I urge the plaintiff to obtain legal advice.
8The request for dismissal under Rule 2.1.02(1) is rejected.
Mr. Justice G. Dow
Date: June 18, 2026