CITATION: Lin v. Tory 2017 ONSC 5476

DIVISIONAL COURT FILE NO.: 78/17

DATE: 20170914

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: KATHERINE LIN v. JOHN TORY and others

BEFORE: NORDHEIMER J.

HEARD at Toronto: written submissions

E N D O R S E M E N T

[1] On September 11, 2017, I directed the Registrar, pursuant to r. 2.1.01(3) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, to give notice to Ms. Lin that the court was considering making an order dismissing her application for judicial review on the grounds that it appears to be frivolous, vexatious or otherwise an abuse of the process of the court.

[2] Ms. Lin has filed a response, to this Notice, consisting of a brief letter that contends that she is the subject of harassment by “the national police” and the courts.

[3] Ms. Lin’s Application for Judicial Review names the Mayor of Toronto, a City Councillor and the Integrity Commissioner. The application seeks damages, costs and interest. There is no decision identified for the court to review. Rather, in the grounds for the application, Ms. Lin refers to the Ontario Human Rights Code and contends that the respondents have “bullied” her and “harassed her”. There is no mention of how any of these events occurred.

[4] On its face, the Application for Judicial Review appears to be frivolous, vexatious and an abuse of the process of the court. Among other reasons, damages is not a remedy available by way of judicial review.

[5] Consequently, I make an order under r. 2.1.01(1) dismissing Ms. Lin’s Application for Judicial Review. There will be no order as to costs.

NORDHEIMER J.

DATE: September 14, 2017