Sui v. Ontario, 2023 ONSC 615

CITATION: Sui v. Ontario, 2023 ONSC 615

DIVISIONAL COURT FILE NO.: TBA DATE: 20230125

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT

BETWEEN:

HUA SUI

Hua Sui, self-represented

Applicant

– and –

MINISTRY OF ATTORNEY GENERAL

Respondent

In Chambers, In Writing

ENDORSEMENT

D.L. Corbett J.

1Mr Sui has purported to commence two fresh applications for judicial review in respect to matters related to the proceedings and record in his criminal proceedings in the Ontario Court of Justice. In his email to Divisional Court, Mr Sui also references a prior application for judicial review (Div. Ct. File 391/22), which has already been dismissed by this court: 2022 ONSC 5604. A copy of that decision was provided by the court to Mr Sui by email on October 5, 2022.

2In one application, Mr Sui seeks an injunction ordering staff in the Ministry of the Attorney General to "fulfill its duty" in the review process of a complaint made by Mr Sui respecting Mandarin interpretation services provided for the criminal trial.

3In the other application, Mr Sui seeks a declaration from this court respecting the "duties of exercise of the statutory power at the end of each trial date for the ongoing criminal trial: (i) confirm all the entered exhibits and complete a new exhibit list form for each trial date; and (ii) release the exhibit list to Mr Sui. Mr Sui further seeks an injunction ordering the clerk to acknowledge receipt of electronic exhibits entered by Mr Sui during the trial on January 16, 2023; and to release to Mr Sui a copy of the exhibit list for January 16, 2023.

4This court has dismissed prior applications brought by Mr Sui seeking relief in respect to matters properly within the jurisdiction of the judge presiding at Mr Sui's criminal trial. This court has made it clear to Mr Sui that the Divisional Court will not entertain an application for judicial review in respect to matters related to his criminal trial, which are matters subject to the jurisdiction of the Ontario Court of Justice.

5Further, this court has already restricted Mr Sui's access to Divisional Court because of his repeated commencement of vexatious proceedings: Sui v. Ontario, 2022 ONSC 5604, para. 11:

This court has now explained to Mr Sui, three times, how he may obtain authoritative transcripts. Enough is enough. Henceforth, Mr Sui may not commence or continue any proceedings in the Divisional Court or obtain a fee waiver in respect to any matter in Divisional Court, without prior permission from an administrative judge of the Divisional Court or her designate. Such permission shall be sought by way of an email which, when printed on letter-sized paper in ordinary font, with ordinary margins, is no longer than ten pages, including attachments (but not including hyperlinked references to legal authorities).

6Mr Sui has failed to comply with the requirements of this direction prior to commencing his most recent two applications.

7Court staff is directed to refuse to issue the two Notices of Application recently provided by Mr Sui, because of Mr Sui's failure to comply with the direction in Sui v. Ontario, 2022 ONSC 5604, para. 11. Mr Sui is cautioned that if he seeks to commence proceedings in Divisional Court again without first complying with the direction to seek prior permission to so do, he may be compelled to attend before the court to show cause why he should not be cited for contempt of court.

8This direction is to be provided to Mr Sui forthwith by email. A formal endorsement will be released in due course for release to legal databases.

___________________________ D.L. Corbett J.

Released by email: January 24, 2023

Formal Endorsement Released: January 25, 2023

CITATION: Sui v. Ontario, 2023 ONSC 615

DIVISIONAL COURT FILE NO.: TBA DATE: 20230125