Case information

Charter of rights — Fundamental justice — Equality — Discrimination based on mental or physical disability — Civil procedure — Appeals — Judgments and orders — Summary judgments — Applicant denied permission to appeal administrative tribunal decision — Judicial review application dismissed for delay — Federal Court dismissing applicant’s motion to set aside judicial review dismissal — Court of Appeal dismissing applicant’s appeal and applicant’s motion to set aside appeal decision — Whether courts below erred in failing to accommodate applicant’s disability and special circumstances — Whether refusal to accept applicant’s application record without affidavit violated applicant’s right to fair hearing and principle of access to justice — Whether courts below erred in dismissing motion to set aside judicial order without addressing merits of claims — Whether courts’ reliance on procedural technicalities to dismiss applicant’s case constituted abuse of discretion and denial of substantive justice — Whether applicant’s treatment in courts below reflects systemic issues in legal system, including misuse of procedural rules to deny justice to individuals with disabilities — Whether courts’ failure to address applicant’s allegations of electronic surveillance, harassment and torture by Canadian government officials raises questions about independence and impartiality of judiciary — Federal Court Rules, SOR/98-106, rr. 55-60, 399.

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The applicant was unsuccessful in seeking leave from the Appeal Division of the Social Security Tribunal of Canada (“SST”) to appeal a decision of the General Division of the SST. His subsequent application for judicial review of the Appeal Division’s decision was dismissed by an Associate Judge of the Federal Court, for reasons of delay. The applicant then attempted to bring a motion to set aside the Associate Judge’s order. A motion judge at the Federal Court dismissed the applicant’s motion to set aside the Associate Judge’s order. A unanimous panel of the Court of Appeal dismissed the applicant’s appeal from the motion judge’s order. The same panel at the Court of Appeal then dismissed the applicant’s subsequent motion to set aside its earlier decision.