Case information

Charter of Rights — Right to, inter alia, equality, fundamental justice and security of the person —Civil procedure — Abuse of process — Case management — Applicant commencing three actions against the respondents alleging that they were involved in an international conspiracy to inflict life-threatening criminal assaults on him — Applicant’s actions dismissed under Rule 2.1 as frivolous, vexatious and an abuse of process — Whether lower courts erred in dismissing applicant’s actions —Whether legislation may block an individual from seeking a remedy and damages for breach of his s. 24(1) Charter rights — Can legislation constrain and bar what is considered to be a “just and appropriate” remedy from the respondents under ss. 7, 12 and 15(1) pursuant to s. 24(1) of the Charter?

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The applicant commenced three separate actions against various defendants, alleging that they acted as an international organized crime ring that had conspired to perpetrate acts of terrorism and violence against him in violation of his constitutional and Charter rights. He sought relief in the form of an investigation into his complaints by a commission, the arrest of the perpetrators and damages. An order was made under Rule 2.1.01(6) of the Rules of Civil Procedure dismissing the actions dismissed on the basis that they were frivolous, vexatious and an abuse of process. This decision was upheld on appeal.