Wendy Sin Ming Ho v. Her Majesty the Queen in Right of Ontario

(Ontario) (Civil) (By Leave)


Civil procedure - Appeals, Pleadings - Civil procedure — Appeal — Pleadings — Statement of claim — Quashing or dismissal of action Whether the rights of the applicant were infringed — Whether the courts below erred — Whether the application for leave to appeal discloses a matter of public importance.


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The applicant, Wendy Sin Ming Ho, alleged that she suffered significant psychological harm from harassment and criminal threats made against her while employed at an Ontario hospital between 1999 and 2000. Her efforts to obtain redress against her employer before various tribunals were unsuccessful. She subsequently sued the Crown and the tribunals for their failure to protect her from the alleged illegal acts of her former employer. A trial judge in the Ontario Superior Court of Justice found that the tribunals were not suable entities and struck her statement of claim against the Crown with leave to amend. A motion judge in the Ontario Superior Court of Justice then struck the amended statement of claim without leave to amend and dismissed the action against the Crown as disclosing no reasonable cause of action. The Ontario Court of Appeal dismissed the applicant’s appeal from the decision of the motion judge.