Court of Appeal for Ontario
Date: June 8, 2018 Docket: C64932 Judges: MacPherson, LaForme and Roberts JJ.A.
Between
Navin Joshi Plaintiff (Appellant)
and
Canadian Imperial Bank of Commerce and Alan S. Freedman Defendants (Respondents)
Counsel
Navin Joshi, acting in person
Frank Cesario, for the respondents
Heard and released orally: June 8, 2018
On appeal from: the order of Justice E. Ria Tzimas of the Superior Court of Justice, dated January 26, 2018.
Reasons for Decision
[1] The appellant, Navin Joshi, appeals from the order of Tzimas J. of the Superior Court of Justice dismissing the appellant's action as frivolous, vexatious and an abuse of process. The core of the motion judge's reasoning was:
With the greatest of respect for the plaintiff, it is apparent on the face of this claim that the action before this court is frivolous, vexatious and an abuse of process. The action amounts to an effort to relitigate unsuccessful proceedings before the Canadian Human Rights Commission, the Canada Labour Code adjudicator, the Federal Court and the Federal Court of Appeal. I am unable to [see a] legitimate complaint at the heart of the plaintiff's claim. Instead, I see bald and extreme allegations of fraud, obstruction of justice, blackmail and criminal conduct which are thinly-disguised attacks on the validity of the decisions of the various noted bodies. They are advanced without any factual foundation.
[2] The appellant appeals on three bases: (1) unlawful application of Rule 2.1.01(1) of the Rules of Civil Procedure; (2) a malicious use of the words "factual foundation", "relitigation" and "thinly-disguised attack" by the motion judge in her reasons; and (3) infringement of s. 15(1) of the Charter.
[3] There is no merit in any of these grounds of appeal. The reality is that the appellant is seeking to relitigate the decisions of the courts and adjudicators in previous proceedings. Those proceedings have run their course.
[4] The appeal is dismissed. The respondents are entitled to their costs of the appeal fixed at $4,000, inclusive of disbursements and HST.
"J.C. MacPherson J.A."
"H.S. LaForme J.A."
"L.B. Roberts J.A."
