Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41207
Alex Martinez v. Office of the Independent Police Review Director
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-07-25 | Close file on Leave | |
| 2024-07-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-07-18 | Judgment on leave sent to the parties | |
| 2024-07-18 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M54136, 2024 ONCA 80, dated February 1, 2024, is dismissed. Dismissed |
|
| 2024-06-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-05-13 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2024-05-14) | Alex Martinez |
| 2024-05-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-05-14, (Printed version filed on 2024-05-14) | Alex Martinez |
| 2024-05-09 | Notice of name, (Letter Form), (Printed version filed on 2024-05-16) | Office of the Independent Police Review Director |
| 2024-05-09 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-05-16) | Office of the Independent Police Review Director |
| 2024-05-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-13, (Printed version filed on 2024-05-16) | Office of the Independent Police Review Director |
| 2024-04-09 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-03-18 | Notice of name, (Letter Form), (Printed version due on 2024-03-25) | Alex Martinez |
| 2024-03-18 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-03-25) | Alex Martinez |
| 2024-03-18 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-03-25) | Alex Martinez |
| 2024-03-18 |
Application for leave to appeal, (Book Form), Missing: - Lower Court decision and Order - CA Order - Signed memorandum (Rec'd April 18, 2024) - Signed notice of application (Rec'd April 18, 2024), Completed on: 2024-06-18, (Printed version due on 2024-03-25) |
Alex Martinez |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Martinez, Alex | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Office of the Independent Police Review Director | Respondent | Active |
Counsel
Party: Martinez, Alex
This party is not represented by counsel.
Party: Office of the Independent Police Review Director
Counsel
655 Bay Street, 10th Floor
Toronto, Ontario
M7A 2T4
Telephone: (437) 990-7645
Email: Morvarid.Shojaei@ontario.ca
Summary
Keywords
Civil procedure — Abuse of process — Appeals — Judge of Court of Appeal for Ontario dismissing applicant’s motion for extension of time to perfect application for leave appeal —Applicant bringing second motion, seeking review of motion judge’s decision by panel of Court of Appeal — Panel dismissing review motion as frivolous, vexatious and an abuse of process —Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 2.1
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Applicant Alex Martinez filed complaints under the Police Services Act, R.S.O. 1990, c. P. 15, against members of three police services. The respondent Office of the Independent Police Review Director decided not to deal with those complaints.
Mr. Martinez sought judicial review of the Office’s decisions not to pursue his complaints. The Divisional Court concluded that the Office’s decisions were reasonable and dismissed the judicial review application.
About a year later, a judge of the Court of Appeal for Ontario dismissed Mr. Martinez’s motion for an extension of time to perfect an application for leave to appeal. Mr. Martinez then brought a motion for a panel review of that decision. A three-judge panel of the Court of Appeal dismissed the motion as frivolous, vexatious, and an abuse of process under Rule 2.1 of the Rules of Civil Procedure.
Lower court rulings
Motion for a panel review of dismissal of motion to extend time dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available