Court File and Parties

CITATION: Dmello v. Law Society of Upper Canada, 2015 ONSC 4543

COURT FILE NO.: 208/14

DATE: 20150715

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Roy Francis Dmello, Applicant/Responding Party

AND:

Law Society of Upper Canada, Leslie Maunder Zeynep Onen, Respondents/Moving Parties

BEFORE: H. Sachs J.

COUNSEL: Roy Francis Dmello, self-represented

Nisha Dhanoa, for the Respondents/Moving Parties

HEARD at Toronto: July 13, 2014

Endorsement

[1] This is an application to quash Mr. Dmello’s application for judicial review. In his Notice of Application for Judicial Review, Mr. Dmello seeks an order “requiring that the Respondents disclose an electronic copy of a letter purported to have been written and dated December 17, 2008 from CIBC to the Law Society of Upper Canada.”

[2] Mr. Dmello has filed an appeal in relation to the Law Society Appeal Panel’s decision to uphold the decision of the Hearing Panel. One of the grounds of his appeal is that the Appeal Panel “erred in its decision that the letter purported to have been written on December 17, 2008 by CIBC (“the Letter”) had ‘no relevance whatsoever to the allegation of failure to co-operate.’” Mr. Dmello’s appeal is scheduled to be heard on September 16, 2015.

[3] Absent exceptional circumstances, Mr. Dmello should not be allowed to fragment proceedings by bringing a judicial review application in relation to the same issue that he has already made the subject of an appeal (Hamalengwa v. Law Society of Upper Canada, 2014 ONSC 1759 (Div. Ct.)). There are no such exceptional circumstances in this case.

[4] For these reasons, the application to quash is granted. The Respondent has requested its costs of this motion on a substantial indemnity basis. I do not see a basis for substantial indemnity costs. The Respondent is entitled to its partial indemnity costs of this motion, fixed in the amount of $2500.00, all inclusive.

H. SACHS J.

Date: 20150715