2024 ONSC 274, 2024 ONSC 274

CITATION : Dennett v. Gilbert, 2024 ONSC 274 COURT FILE NO.: CV-23-00700166-0000 DATE: 20240111 ONTARIO SUPERIOR COURT OF JUSTICE RE: James Reginald Dennett, Plaintiff -and- Marlaina Gilbert and Natalia Sosa, Defendants BEFORE: Robert Centa J. COUNSEL: James Reginald Dennett, self-represented Carole Jenkins, for the defendants HEARD: January 11, 2024 (in writing) ENDORSEMENT [ 1 ] On July 13, 2018, Belobaba J. granted an application brought by the Children’s Aid Society and declared James Reginald Dennett to be a vexatious litigant, pursuant to s. 140 of the Courts of Justice Act.

Justice Belobaba’s order read, in part, 1. THIS COURT ORDERS that the Respondents, James Reginald Dennett and Allison Anastasia McCloud-Dennett be declared vexatious litigants; 2. THIS COURT FURTHER ORDERS that before commencing or continuing any proceeding in any court directly or indirectly related to the Children's Aid Society of Toronto or any of its employees, the Respondents shall obtain leave from a judge of the Superior Court of Justice in Toronto to do so; [ 2 ] On June 30, 2023, James Reginald Dennett issued a statement of claim naming Marlaina Gilbert and Natalia Sosa as defendants.

In paragraph 2 of the statement of claim, Mr. Dennis pleads that the defendants “work for the CHILDREN’S AID SOCIETY” (capitals in original). The statement of claim in this proceeding concerns similar allegations to those described in the endorsement of Belobaba J. [ 3 ] On November 10, 2023, counsel for the defendants wrote to the Registrar to request that the action be dismissed pursuant to rule 2.1.03, which provides as follows: 2.1.03

(1) If the court determines that a person who is subject to an order under subsection 140 (1) of the Courts of Justice Act has instituted or continued a proceeding without the order having been rescinded or leave granted for the proceeding to be instituted or continued, the court shall make an order staying or dismissing the proceeding.

(2) Any party to the proceeding may file with the registrar a written request for an order under subrule (1). [ 4 ] I am informed by the Registrar that Mr. Dennett did not obtain leave from a judge of the Superior Court of Justice prior to commencing this action and that the order of Belobaba J. has not been set aside. [ 5 ] I am satisfied that Mr. Dennett is subject to an order under s. 140(1) of the Courts of Justice Act and that he has instituted this proceeding without obtaining leave of a judge to do so.

I order that the action is dismissed. [ 6 ] I direct the Registrar to serve a copy of this order by mail on every party to Mr. Dennett and counsel for the defendants, pursuant to rule 2.1.03(3). Robert Centa J. Date: January 11, 2024