The moving party, a self-represented injured worker, brought a motion for interim relief and a notice of constitutional question pending a motion to review an order dismissing his application for judicial review for delay.
He sought interim reinstatement of workers' compensation benefits and the appointment of an amicus curiae to assist him.
The Divisional Court issued a notice under Rule 2.1.02 of the Rules of Civil Procedure, considering whether the motion was frivolous, vexatious, and an abuse of process.
After receiving written submissions, the court dismissed the motion and notice, finding that the request for mandatory interim relief had no strong chance of success given the underlying dismissal for extreme delay, and that the appointment of amicus or state-funded counsel was not justified in this civil matter.
