Second human rights application dismissed as abuse of process for re-litigating previously dismissed claims.
The applicant filed a second human rights application alleging discrimination based on sex regarding the enforcement of a child support order by the Family Responsibility Office.
The Tribunal had previously dismissed his first application on the same facts as out of time.
The Tribunal held a summary hearing and dismissed the second application as an abuse of process, finding it was an attempt to re-litigate the first application.
However, the Tribunal declined the respondent's request to declare the applicant a vexatious litigant, noting he is a self-represented layperson and filing one further application did not amount to persistently instituting vexatious proceedings.
Ernst Goetze v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services (Family Responsibility Office), 2015 HRTO 796