The moving party sought an extension of time to apply for judicial review of a 2021 Ontario Labour Relations Board decision that dismissed his duty of fair representation complaint as premature.
The court initiated a process under Rule 2.1 of the Rules of Civil Procedure to consider dismissing the proceeding as frivolous, vexatious, or an abuse of process.
Despite being granted multiple extensions and accommodations for medical issues, the moving party failed to provide a satisfactory explanation for the three-year delay or demonstrate apparent grounds for relief.
The court found the proceeding met the test under Rule 2.1 and dismissed the motion.
