Court File and Parties
CITATION: Ortiz v. RioCan Real Estate Investment Trust et al., 2026 ONSC 4024
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Diana Maria Ortiz, Plaintiff
AND:
RioCan Real Estate Investment Trust and RioCan Management Inc. and City of Toronto, Defendants
BEFORE: Justice Grant R. Dow
COUNSEL: Haider Bahadur, Yalda Aslamzada, for Diana Maria Ortiz
Grant W. Ferguson, for RioCan Real estate Investment Trust and RioCan Management Inc.
Lauren Elliot, for City of Toronto
HEARD: July 9, 2026
ENDORSEMENT
1This matter was referred to me on July 2, 2026 by the Registrar’s office pursuant to Rule 2.1.01(7) of the Rules of Civil Procedure following a request from counsel for the defendants, RioCan Real Estate Investment Trust and RioCan Management Inc. The form requested the action be dismissed as frivolous or vexatious or otherwise an abuse of the process of the Court.
2The Request Form attached a Tab 1 containing an eleven page Statement of Claim, issued April 22, 2022 alleging the plaintiff slipped and fell on November 24, 2020 on premises owned by these defendants and were required to be maintained by them or the defendant, City of Toronto. The fall occurred as a result of the defendant’s negligence with a variety of particulars provided. It is a lawyer drafted pleading with a description of injuries sustained and damages suffered.
3For reasons not clear to me, a second copy of the Statement of Claim was also attached.
4In accordance with Rule 2.1.01(1) the pleading is evaluated “on its face” or without any other material. As indicated, the pleading appears to be drafted by a lawyer and meets the various requirements for pleadings as set out in Rule 25. There may be reasons why this claim ought to be dismissed (such what has occurred or not occurred since November 24, 2020) but they are not apparent from the pleading itself or meet the requisite test.
5As a result, the request for dismissal under Rule 2.1.01(1) is rejected.
Mr. Justice G. Dow
Date: July 9, 2026