Court File and Parties

Court of Appeal for Ontario Date: 20240814 Docket: M55179 (COA-24-OM-0126)

Simmons, van Rensburg and Thorburn JJ.A.

Between

Jordan Ash Applicant/Moving Party

and

Chief Medical Officer of Health of Ontario Respondent/Responding Party

Jordan Ash, acting in person Michael Saad, for the responding party

Heard and released orally: August 12, 2024

Reasons for Decision

[1] The moving party seeks a review of the motion judge’s decision to deny his request for an extension of time for leave to appeal a Divisional Court decision by Corbett J.

[2] Acting under r. 2.1, Corbett J. dismissed as frivolous, vexatious and an abuse of process the moving party’s request under r. 59.06(2)(a) to set aside or vary a decision of a Divisional Court panel.

[3] We see no basis on which to interfere with the motion judge’s determination that the lack of merit in the moving party’s proposed leave application was so clear-cut that an extension of time should not be granted. The moving party’s mandamus application had been heard and dismissed. We agree with Corbett J. that an application to challenge whether the Chief Medical Officer of Health had a conflict of interest respecting COVID-19 vaccines could not be grafted onto his original mandamus application at that stage. An allegation of conflict of interest could not give the court authority it did not otherwise have.

[4] There will be no order as to costs of this motion.

“Janet Simmons J.A.”

“K. van Rensburg J.A.”

“Thorburn J.A.”