R. Maxine Collins v. His Majesty the King in Right of Ontario

(Ontario) (Civil) (By Leave)


Charter of Rights and Freedoms — Remedy — Civil procedure — Abuse of process — Action claiming damages pursuant to s. 24(1) of Charter dismissed as frivolous or vexatious or otherwise an abuse of process — Whether application of Rules of Civil Procedure was not in accordance with wording and intent of s. 24(1) of the Charter — Whether Ontario Superior Court of Justice failed to follow binding precedent with respect to immunity of court staff — Whether Court of Appeal failed to administer Rules of Civil Procedure in accordance with the Courts of Justice Act?


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Ms. Collins filed a Statement of Claim seeking damages pursuant to s. 24(1) of the Charter of Rights and Freedoms. The Ontario Superior Court of Justice granted a motion filed by the Crown to dismiss the action pursuant to Rule 2.1.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, on the basis it is frivolous, vexatious and an abuse of process. The Court of Appeal dismissed an appeal.

Lower Court Rulings

April 6, 2023
Ontario Superior Court of Justice

2023 ONSC 2160, CV-22-000-89351-0000
Action dismissed
September 29, 2023
Court of Appeal for Ontario

2023 ONCA 646, COA-23-CV-0394
Appeal dismissed