Case information

Civil procedure — Frivolous or vexatious proceedings — Abuse of process — Procedural fairness — Applicant’s action against respondents dismissed as abuse of process — Court of Appeal dismissing applicant’s appeal and subsequent motion to reconsider appeal decision — Whether appellate use of court-initiated summary dismissal rules, without oral hearings or adversarial safeguards, raises serious concerns about procedural fairness, particularly when applied to motions for reconsideration of unreasoned decisions — Whether absence of nationally consistent procedural safeguards for court-initiated dismissals results in unequal treatment of litigants across Canada — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rr. 2.1.01, 2.1.02, 37.14, 61.16.

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The respondents sought an order to have the applicant’s action dismissed as frivolous, vexatious, and an abuse of process under Ontario’s Rules of Civil Procedure. A judge at the Ontario Superior Court of Justice granted the respondents’ request and dismissed the applicant’s action; the applicant was also prohibited from commencing any other claims, applications or other judicial proceedings against the respondents. A panel at the Court of Appeal unanimously dismissed the applicant’s appeal from the first judge’s order; the same panel then dismissed the applicant’s motion to set aside or reconsider its earlier decision.

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