E. Owens

The defendant brought a motion to strike the plaintiff's statement of claim, which challenged Ontario's COVID-19 proof of vaccination requirements under the Charter and Human Rights Code.

The court found that the claim disclosed no reasonable cause of action, as the requirements did not compel vaccination or engage sections 7, 8, or 15 of the Charter.

The statement of claim was struck without leave to amend, and the action was dismissed with costs awarded to the defendant.

The applicant police officer's appeal of a misconduct finding was previously dismissed by the Commission for failure to perfect the appeal.

The applicant subsequently filed a Notice of Constitutional Question challenging the dismissal.

The Commission held that it lacked jurisdiction to consider the Notice because its prior decision was a final order, rendering the Commission functus officio.

The Commission noted it has no statutory power to reconsider its decisions and that a Notice of Constitutional Question cannot initiate a new proceeding.

The applicant's proper remedy is to seek judicial review.