Ontario Civil

Civil Procedure

Claim appeared to be frivolous and vexatious on its face

Plaintiff claimed that defendants stole his newborn baby. Plaintiff made racist allegations against defendant doctor. Matter was referred to court by registrar pursuant to R. 2.1.01(7) of Rules of Civil Procedure. Order accordingly. Statement of claim contained no prayer for relief. On reading claim in full, it appeared that plaintiff’s child was taken into some form of guardianship and plaintiff not aware of legal basis upon which child was taken. If plaintiff’s child was kidnapped, plaintiff should be urgently speaking to police. If was apprehended at birth under Child and Family Services Act, child protection hearings were available. Claim appeared to be frivolous and vexatious on its face. Plaintiff should be sent notice that court now was actually considering dismissing lawsuit on grounds that it was frivolous and vexatious.

Kadiri v. Harikumar (Jun. 12, 2015, Ont. S.C.J., F.L. Myers J., File No. CV-15-528680) 255 A.C.W.S. (3d) 61.

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