Case information

Charter of rights – Civil procedure – Pleadings – Motions to strike – Abuse of process – Collateral attack –Motion judge striking pleadings as collateral attack, abuse of process, and having no prospect of success – Whether procedural mechanisms, such as motions to strike, undermine access to justice and rule of law, violate open court principle and infringe ss. 2(b), 7, and 15 of the Canadian Charter of Rights and Freedoms – Whether s. 32 of the Charter capturing lawyers and law firms conducting litigation, such that they are bound by the Charter – Whether judiciary having duty to scrutinize laws and protect individual rights rather than shielding institutional actors from accountability – Whether Charter’s preamble and overarching purpose guide Charter interpretation – Whether just and appropriate remedy under s. 24(1) of the Charter necessarily including compensation, vindication, and deterrence – Canadian Charter of Rights and Freedoms, ss. 2(b), 7, 15, 24(1) – Law Society Act, R.S.O. 1990, c. L.8, s. 49.19

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Applicant Andrew Spasiw commenced an application in the Ontario Superior Court of Justice. The respondents brought motions to strike Mr. Spasiw’s notice of application. The motion was granted. The Court of Appeal for Ontario dismissed Mr. Spasiw’s appeal.