The Law Society of Ontario Hearing Division dismissed a challenge to a prior order of interlocutory suspension based on
The third Superior Court order was issued February 22, 2017 by Mr. Justice R.N. Beaudoin. In that order, notice is directed to be given to Ms. White as the plaintiff, under Rule 2.1 of the Rules of Civil Procedure that the court was staying her $70 million claim for being frivolous and vexatious. In the endorsement (see White v. Graham, 2017 ONSC 1268 (CanLII)) his Honour stated that Ms. White’s allegations, summarized below, are likely the product of delusional thinking:
The claim primarily targets the Defendant, Aubrey Drake Graham, (“Drake”) a well-known musical performer popularly known under the name Drake. The Plaintiff alleges that Drake stole and otherwise misappropriated her intellectual property. She alleges that he then launched a campaign of abuse and terror which has caused her physical, emotional and financial harm.
Without getting into extensive details of the pleading, it is quickly apparent that these allegations are not rooted in any demonstrable facts and are more likely the product of some paranoid and delusional thinking. A few paragraphs demonstrate the general nature of the claim:
- Plaintiff began noticing in or around 2009 that things that she had discussed or said during the basketball games attended, and while in the privacy of her home, were being actualized. For example, a song idea including the beat, sample and lyrics became a song which was credited to and performed by Aubrey Drake Graham. This continued and continues to this day.
- The Defendants, Aubrey Drake Graham, and the respective owners of Cash Money Records and Young Money Entertainment, are generally known to be affiliated with the Bloods street gang. Defendants, their associates and/or agents had individuals who appear to be members of the Bloods street gang surveil and follow the Plaintiff shortly after Plaintiff indicated to MLSE that Plaintiff was aware of the intellectual property theft and invasion of privacy and wished for it to stop. That surveillance continues to this day. It involves the Plaintiff being followed as soon as she leaves her residence. The following then continues throughout the day until the Plaintiff returns to her residence. These individuals then wait around the perimeter of her residence waiting for her to go outside. The following occurs whether the Plaintiff is on foot or in a vehicle. These individuals have hit the Plaintiff with a car while she is on foot and also when she is in a vehicle amongst other tortious activities.
- Defendants hacked into Plaintiff’s personal and business computers and MIM (Man in The Middle) attacked her web services injecting false news, fake emails, and redirecting Plaintiff’s mail, phone calls and other in order to control, subvert and manipulate the Plaintiff into their virtual reality and prevent her from pursuing the claim. These attacks occurred, and continue, to occur continuously all day every day. Plaintiff can no longer trust content via electronics, Defendants have gone so far as to have fake newspapers and magazines delivered in order to manipulate Plaintiff and Plaintiff’s actions. Plaintiff has spent thousands replacing electronics, SIM cards, and multiple phone accounts in an attempt to fix and address these invasions. To this date, Plaintiff does not have a single electronic, telephone or computer that the Defendants are not spying on and injecting false information to despite Plaintiff having contacting and utilized security professionals, softwares and other techniques.
- Plaintiff was often harassed and followed by individuals in Honda automobiles. The style of automobile the Defendant, Aubrey Drake Graham, sings about in his latest album as being the automobile his “crew” drives.
- Defendants intercepted packages and food deliveries for the Plaintiff. One time spiking her food with one of her known allergens. Plaintiff had previously suffered from anaphylaxis and this is known to the Defendants, MLSE and Aubrey Drake Graham, as they illegally taped her saying such and also had agents follow her to a specialist appointment at the Allergy Department of the local hospital. The poisoning incident happened subsequent to this appointment.
- Defendants or their agents continually gained access to the Plaintiff’s residence building and waited for her in the garage, stairwell, garbage room and other common use locations. They occupied the units beside her and hammered or otherwise drilled into the walls, shared walls, everyday outside of normal construction hours in order to be a constant nuisance to the Plaintiff. Plaintiff now suffers from fear of some small and or closed places, and most strangers. Plaintiff works in an industry which requires constant contact with strangers in small and/or closed places. Even if the Plaintiff is able to overcome her fear of strangers and small/closed places, Plaintiff may never be able to resume full time career activities as Defendant, Aubrey Drake Graham, gang stalked the Plaintiff and all of his agents, which include known gang members, all who are aware of Plaintiff’s name, appearance, employment area, and areas that she is known to frequent.
The dismissal of criminal charges was a material change in circumstances but
We are satisfied that the withdrawal of the criminal charges at the request of the Crown Attorney satisfies the test for a material change in circumstances. Had that information been before the original panel, it could have affected the outcome. However, we also conclude that the Law Society has satisfied its burden, once the onus shifted, to demonstrate that the suspension remains necessary. There remain reasonable grounds to believe a capacity issue exists such that there continues to be a significant risk of harm to the public and the public interest if the order suspending the Lawyer’s licence is not continued.
(Mike Frisch)