2024 ONSC 247, 2024 ONSC 247
Opinion
CITATION : Jenkins v. Children’s Aid Society of Toronto, 2024 ONSC 247 COURT FILE NO.: CV-23-00708007-0000 DATE: 20240111 ONTARIO SUPERIOR COURT OF JUSTICE RE: Marline Jenkins, Plaintiff -and- Children’s Aid Society of Toronto, Defendant BEFORE: Robert Centa J.
COUNSEL: Marline Jenkins, self-represented Carole Jenkins, for the defendant HEARD: January 11, 2024 ENDORSEMENT [ 1 ] The registrar’s office referred this motion to me pursuant to rule 2.1.01(7) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 , following receipt of a written request from lawyers for the defendant, under rule 2.1.01(6) . [ 2 ] I have reviewed the statement of claim and it appears to me that it may be frivolous and vexatious.
The plaintiff should have the opportunity to make submissions as to why the claim should not be dismissed at this time. [ 3 ] On reviewing the material forwarded by the registrar, I make the following order: a. pursuant to rule 2.1.01(3)(1), the registrar is directed to give notice to the plaintiff in Form 2.1A that the court is considering making an order under rule 2.1.01 dismissing the action; b. pending the outcome of the written hearing under Rule 2.1 or further order of the court, the plaintiff’s action is stayed pursuant to s.106 of the Courts of Justice Act , R.S.O. 1990, c.C.43 ; [1] c.
The registrar shall accept no further filings in this action excepting only the plaintiff’s written submissions if delivered in accordance with rule 2.1.01(3); d. In addition to the service by mail required by 2.1.01(4) rule, the registrar is to serve a copy of this endorsement and a Form 2.1A notice on the plaintiff and counsel for the defendants by email if it has their email addresses. [ 4 ] I am seized of this matter. Robert Centa J. Date: January 11, 2024
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