She sought $50 million in damages following a motor vehicle accident
The Ontario Superior Court of Justice dismissed multiple lawsuits filed by a plaintiff after a motor vehicle accident, ruling they were frivolous, vexatious, or an abuse of process.
The plaintiff was involved in a motor vehicle accident in 2017 and initially received accident benefits from Gore Mutual Assurance Company. After Gore Mutual denied her benefits, the plaintiff took the case to the Licence Appeal Tribunal (LAT), which ruled against her. She then appealed to the Divisional Court, which upheld the LAT's decision.
While these proceedings were ongoing, the plaintiff initiated multiple lawsuits against Gore Mutual, The Personal Insurance Company, several hospitals, and legal professionals. She alleged negligence, failure to provide necessary medical treatment, and improper denial of benefits, seeking $50 million in damages.
Gore Mutual requested the court dismiss the plaintiff's lawsuits under Rule 2.1.01, arguing they were frivolous and duplicative. The Superior Court reviewed the plaintiff's legal history and found that she had initiated several claims, many of which contained similar allegations. The court determined that several lawsuits lacked a legal basis or attempted to re-litigate issues already decided by the LAT and the Divisional Court.
The court dismissed the action filed in Newmarket against Gore Mutual, The Personal Insurance Company, and various hospitals, concluding that it had no reasonable legal basis. The claim included allegations of improper denial of benefits and medical negligence but failed to provide an apparent cause of action.
The court also dismissed a lawsuit filed in Oshawa against Gore Mutual and several insurance assessors, finding it an abuse of process, particularly after the plaintiff attempted to discontinue it. The court struck down another lawsuit alleging wrongful termination of benefits, ruling it was an impermissible attempt to re-litigate issues already resolved by the LAT and the Divisional Court. The court also dismissed a claim against several legal professionals and a doctor, ruling that it contained no discernible cause of action.
Ultimately, the court dismissed multiple lawsuits, finding that they lacked legal merit and constituted an abuse of process. The ruling aims to prevent further unnecessary litigation and to ensure judicial resources are not wasted on claims that attempt to re-litigate settled matters.
