Court File and Parties
COURT FILE NO.: 314/06
DATE: 20061214
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
chapnik, swinton and linhares de sousa jj.
B E T W E E N:
ERICH CHEMAMA Plaintiff/Applicant
- and -
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the MINISTRY OF TRAINING, COLLEGES AND UNIVERSITY HON. CHRIS BENTLEY Defendant/Respondent
No One Appearing
Ronald E. Carr, for the Respondent
HEARD at Toronto: December 14, 2006
Oral Reasons for Judgment
CHAPNIK J.: (Orally)
[1] On August 25, 2006, Matlow J. dismissed all of the motions brought before him by the applicant. The applicant, Erich Chemama, seeks an order setting aside the judgment of Matlow J. sitting apparently as a Divisional Court Judge.
[2] The Notice of Motion which appears to have been received by the Crown Law Office – Civil on August 29, 2006, is dated June 26, 2006. No further materials have been filed by the applicant save and except that one notice of motion and a corresponding notice of appeal which seems to be undated.
[3] This is not the first time this matter has been scheduled for hearing, despite the fact that no materials have been filed to date on the applicant’s behalf. While there is a faxed copy of a doctor’s note dated December 1, 2006, stating that the applicant “missed school because of motor vehicle accident”, this is insufficient to explain why the applicant was unable to attend today’s hearing. The applicant has taken no steps to file material so that this proceeding can go forward and so that the respondent is put in a position to respond appropriately.
[4] In all of the circumstances, the motion is dismissed.
[5] We are of the view that the applicant’s conduct in this matter represents an abuse of the Court’s process. Accordingly, costs are awarded to the respondent in the amount of $450.00, as requested.
CHAPNIK J.
SWINTON J.
LINHARES DE SOUSA J.
Date of Reasons for Judgment: December 14, 2006
Date of Release: December 20, 2006
COURT FILE NO.: 314/06
DATE: 20061214
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
chapnik, swinton and linhares de sousa jj.
B E T W E E N:
ERICH CHEMAMA Plaintiff/Applicant
- and -
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the MINISTRY OF TRAINING, COLLEGES AND UNIVERSITY HON. CHRIS BENTLEY Defendant/Respondents
ORAL REASONS FOR JUDGMENT
CHAPNIK J.
Date of Reasons for Judgment: December 14, 2006
Date of Release: December 20, 2006