CITATION: Callow v. West Vancouver School District #45, 2013 ONSC 6899
DIVISIONAL COURT FILE NO.: DC-12-1872
DATE: 2013/11/06
SUPERIOR COURT OF JUSTICE - ONTARIO
(DIVISIONAL COURT)
RE: Roger Callow, Plaintiff (Appellant on Appeal)
And
Board of School Trustees (West Vancouver School District #45), Defendant (Respondent on Appeal)
BEFORE: Pardu, McCartney and Hennessy JJ.
COUNSEL: Roger Callow, Self-represented Charles V. Hofley, Counsel for the Respondent
HEARD AT OTTAWA: November 4, 2013
E N D O R S E M E N T
BY THE COURT
[1] This is an appeal from a decision of Maranger J. who granted the respondent’s motion and struck the appellant’s statement of claim.
[2] That claim relates to what Mr. Callow says were the wrongful acts which deprived him of his salary as a teacher, to which he was entitled by the terms of a collective agreement. In his argument before us, the appellant indicates that his purpose in bringing the Ontario action is to obtain from an Ontario court, an order quashing the decision of MacKenzie J. of the British Columbia Supreme Court of October 1, 2010 barring him from bringing further proceedings in that province, and also to obtain an order for interim compensation for the loss of his salary.
[3] The motion’s judge found that:
• The plaintiff’s statement of claim did not disclose any cause of action;
• The plaintiff’s claim was vexatious and/or an abuse of process;
• This court has no jurisdiction over the subject matter of the action.
[4] The appellant has not persuaded this court that the motion’s judge made any errors of law in his decision or his reasons.
[5] We agree that the claim does not disclose a cause of action. As described in the reasons of the motion’s judge, the claim is essentially a critique of prior decisions of various levels of the British Columbia courts, most specifically, a decision of the BCSC declaring the appellant a vexatious litigant. The Superior Court of Justice of Ontario has no jurisdiction to overturn an order of a judge of the British Columbia Supreme Court, and no jurisdiction to provide a remedy for a violation in British Columbia of a British Columbia collective agreement.
[6] There is no real and substantial connection between the dispute and Ontario.
[7] There is no reason why costs should not follow the result. The full indemnity costs of the School Board amount to $16,000. We award partial indemnity costs to the respondent in the sum of $10,000 inclusive of HST and disbursements, payable by appellant Roger Callow in 30 days.
Madam Justice Pardu
Mr. Justice McCartney
Madam Justice Hennessy
DATE: November 6, 2013