Lisa Mallia

The applicant, Antonio Caruso, brought an application under s. 137.1 of the Courts of Justice Act (anti-SLAPP provisions) seeking to stay disciplinary proceedings against him at the Law Society Tribunal and for declarations regarding the Law Society of Ontario's conduct.

The court, on its own initiative, considered dismissing the application under Rule 2.1.01 for being frivolous, vexatious, or an abuse of process.

The court found it lacked jurisdiction to dismiss tribunal proceedings under s. 137.1, noted the absence of a civil proceeding to which s. 137.1 could apply, and determined that the relief sought properly belonged before the Tribunal or Divisional Court.

The application was dismissed as frivolous, vexatious, and an abuse of process, duplicating issues already before the Tribunal and potentially the Court of Appeal.

The Law Society Tribunal brought a motion for directions regarding its participation status in an appeal before the Court of Appeal.

The Tribunal sought to participate as of right in the appeal of a judicial review decision, claiming automatic party status based on its participation in the underlying Divisional Court proceedings.

The applicant, Matthew Riddell, opposed the Tribunal's participation.

The court directed that the Tribunal's motion for leave to appeal proceed without the Tribunal's participation, finding insufficient basis for automatic party status and noting the Tribunal's lack of substantive participation before the Divisional Court.