Background:

• The plaintiff, Aynoush Biniaz-Sarabi, was involved in a motor vehicle accident on October 24, 2017.
• Gore Mutual Insurance initially paid accident benefits but later denied them.
• The Licence Appeal Tribunal (LAT) upheld the denial after a five-day hearing, and the Divisional Court dismissed the plaintiff’s appeal on September 25, 2023.
• The plaintiff then initiated multiple legal actions against Gore Mutual, The Personal Insurance Company, hospitals, doctors, and law firms.

Motion & Legal Framework:

• Gore Mutual sought dismissal under Rule 2.1.01, arguing the actions were frivolous, vexatious, and an abuse of process.
• Under Rule 2.1.01, the court may dismiss a claim if it is clearly meritless, repetitive, or re-litigates resolved issues.

Court’s Findings:

• CV-24-00000619 (Newmarket): The plaintiff sought $50 million, alleging inadequate medical care and improper insurance practices. The court found no legal basis for the claim.
• CV-22-00000315 (Oshawa): Action against Gore Mutual and its lawyer. The plaintiff requested dismissal, and the court found it an abuse of process.
• CV-22-00001632 (Oshawa): Repeated claims about benefit denial. The court dismissed it as an improper attempt to re-litigate LAT and Divisional Court decisions.
• CV-24-00001243 (Oshawa): Claims against law firms and a doctor lacked a discernible cause of action.

Conclusion:

• The court dismissed all four cases.
• A vexatious litigant declaration under s. 140 of the Courts of Justice Act was not granted, as it requires a separate motion?.
• No damages or monetary awards were granted to the plaintiff.