Abuse of process

The landlord brought a motion to quash the tenants' appeal of a Landlord and Tenant Board eviction order.

The tenants had not paid rent since November 2017 and admitted to withholding rent to invest in their business.

The Divisional Court found the appeal was manifestly devoid of merit as it raised no questions of law, but rather challenged factual findings and procedural matters from a separate application that was not appealed.

The court quashed the appeal, lifted the stay of the eviction order, and awarded costs to the landlord.

The moving party brought a motion to vary an order of the Divisional Court that had dismissed her application for judicial review as frivolous, vexatious, or an abuse of process under Rule 2.1.01.

The court dismissed the motion to vary, finding that it lacked jurisdiction under s. 21(5) of the Courts of Justice Act to review a Rule 2.1.01 order.

The proper route to challenge the order is an appeal to the Court of Appeal for Ontario.

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing her complaint against the City of Toronto as an abuse of process, and against her union and its counsel for having no reasonable prospect of success.

The applicant had previously settled her grievance and human rights complaint with the City but later filed a new complaint, alleging she signed the settlement under duress from her union.

The Divisional Court dismissed the application, finding the Adjudicator's decision was reasonable and correct, as the settlement was binding and the allegations of duress did not invalidate it.

The moving party sought to set aside or vary an order that dismissed his motion for leave to appeal.

The court found that the motion was effectively an appeal of the refusal to grant leave, for which there is no right of appeal unless jurisdiction was mistakenly declined.

Finding no such error, the court concluded it lacked jurisdiction and dismissed the motion as frivolous, vexatious, or an abuse of process under Rule 2.1.01.