Court File and Parties
CITATION: Hicks v. Ontario Ombudsman, 2020 ONSC 5989
COURT FILE NO.: 344/20
DATE: 20201002
SUPERIOR COURT OF JUSTICE – ONTARIO – DIVISIONAL COURT
RE: Hicks v. Ontario Ombudsman
COUNSEL: Mr Hicks, self-represented Robin Bates, for the respondent Ombudsman
BEFORE: D.L. Corbett J.
DATE: October 2, 2020
HEARD: In Chambers, In Writing
Endorsement
D.L. Corbett J.
[1] The applicant brings an application against the Office of the Ombudsman of Ontario. In correspondence from counsel for the Ombudsman, the court learned that the applicant has been declared a vexatious litigant by order of Corthorn J. (Goodlife Fitness Centres Inc. v. Hicks, 2019 ONSC 4942).
[2] Corthorn J. ordered (among other things):
THIS COURT PROHIBITS Anthony Hicks, either directly or indirectly, from instituting any proceeding or continuing any proceedings previously instituted in any court, except and until such time as he has obtained leave by a judge of the Superior Court of Justice pursuant to s. 140(3) of the CJA and as provided for in this order.
[3] This court directed Mr Hicks to provide this court with a copy of the decision granting him leave to commence his application against the Ombudsman. Mr Hicks responded with a series of emails, none of which provided a copy of a decision from a judge granting him leave to commence the application before this court. The substance of Mr Hick’s emails is clear that he does not feel bound by the order of Corthorn J. and views that order as illegal or improper.
[4] The order of Corthorn J. is a court order and is mandatory. Whether Mr Hicks agrees with that order or not, he must obey it.
[5] Mr Hicks is ordered to appear before me by Zoom videoconference on October 9, 2020, at 2 pm, to show cause why he should not be held in contempt of court for breach of paragraph 2 of the order of Corthorn J.
[6] The “show cause” hearing on October 9th is a first appearance in respect to this matter. Mr Hicks will be entitled to seek an adjournment on October 9th in order to retain counsel and to assemble any evidence upon which he may wish to rely in order to show cause why he should not be found in contempt of the order of Corthorn J.
[7] Mr Hicks is cautioned that an allegation of contempt of court for breaching a court order is quasi-criminal in nature. If found guilty he is at jeopardy of sanctions including, potentially, fines, imprisonment, or both. Mr Hicks is entitled to and would be well advised to seek advise from a lawyer in advance of the hearing on October 9, 2020.
[8] Mr Hicks is required to attend at the Zoom conference on October 9th, as noted above. The court requires Mr Hicks’ attendance in order to proceed with this matter. If Mr Hicks does not attend the Zoom videoconference on October 9th, as ordered, then a bench warrant will be issued for his arrest, with a direction that he be brought before this court in person to address the allegation of contempt of court.
[9] Corthorn J. also ordered as follows:
THIS COURT ORDERS THAT should the Respondent file material seeking to commence or continue a proceeding or any appeal in any court in Ontario without first filing an entered Order permitting him to do so, the proceeding shall be immediately stayed upon any person filing a copy of this Order in such a court.
[10] Mr Hicks commenced this application without obtaining leave, and so, pursuant to the order of Corthorn J., this proceeding is stayed without costs.
[11] This proceeding shall be dismissed without costs if Mr Hicks does not obtain an order granting him leave to commence and pursue this application by November 30, 2020.
[12] Counsel for the Ombudsman is entitled to attend the show cause hearing on October 9th but is not required to do so.
D.L. Corbett J.
Date: October 2, 2020