Zhang v. Arts & Science Students’ Union
Xinrui Zhang
Law Firm / Organization
Self Represented
Arts & Science Students’ Union
Law Firm / Organization
Goldblatt Partners LLP
Lawyer(s)

Chris Donovan

Jane Seto
Law Firm / Organization
Goldblatt Partners LLP
Lawyer(s)

Chris Donovan

Key Points of the Decision:

  1. Defendant's Request: The defendants, represented by Christ Donovan, requested a dismissal of the case under Rule 2.1.01(6) of the Ontario Rules of Civil Procedure, which addresses cases that may be frivolous, vexatious, or an abuse of process.

  2. Nature of the Plaintiff's Claim: The court noted that the plaintiff, Xinrui Zhang (self-represented), filed an application lacking a clear cause of action, identifiable claim, or specified relief sought. The “evidence” submitted consisted of excerpts from messages with no context or discernible connection to a claim.

  3. Court's Order:

    • The registrar is directed to issue a Form 2.1A notice to the plaintiff, notifying them that the court is considering dismissing the case as frivolous or vexatious under Rule 2.1.01(1).
    • The action is stayed (paused) pending the outcome of this consideration.
    • The plaintiff is permitted to submit written arguments of up to 10 pages within 15 days from receiving the notice to potentially argue against dismissal.
    • No further filings will be accepted in this matter unless they are the plaintiff’s permitted submissions.
  4. Additional Procedural Instructions: The registrar is instructed to serve copies of this endorsement and Form 2.1A on both parties by mail, and by email if available.

This decision is procedural, focusing on whether the case should proceed based on its lack of substantive claims.

Successful Party: There is no definitive "successful" party yet because the court has not fully dismissed the case; it only initiated steps to consider dismissal.

Total Monetary Award: There was no monetary award, costs, or damages granted or ordered in this decision.

Superior Court of Justice - Ontario
CV-24-00728912-0000
Civil litigation