COURT OF APPEAL FOR ONTARIO

CITATION: Olumide v. Ontario, 2015 ONCA 651

DATE: 20150925

DOCKET: M44527 (M43691)

Gillese, Tulloch and Roberts JJ.A.

BETWEEN

Ade Olumide

Appellant/Moving Party

and

Her Majesty the Queen in right of the Province of Ontario (the "Crown") and Metrolinx

Respondents

Ade Olumide, in person, Moving Party/Appellant

Domenic Polla, for the Respondent, Her Majesty the Queen in right of the Province of Ontario

John Mather, for the Respondent, Metrolinx

Heard: September 23, 2015

ENDORSEMENT

[1] Mr. Olumide brings this motion to vary the November 7, 2014 order of a panel of this court. As part of the relief claimed on this motion, he also requests that he be granted leave to issue a statement of claim to seek constitutional remedies.[^1]

[2] Rule 61.16 (6.1) of the Rules of Civil Procedure provides that subject to rules 37.14 and 59.06, an order or a decision of a panel of an appellate court may not be set aside or varied under these rules.

[3] There is no basis to set aside or vary this court's November 7, 2014 order under rules 59.06 or 37.14 or otherwise: there is no evidence of any fraud or mistake, or of any procedural unfairness to Mr. Olumide, nor are there any new facts arising that Mr. Olumide could not have discovered and put before the panel of this court on his application for leave to appeal: see Mujagic v. Kamps, 2015 ONCA 360, [2015] O.J. No. 2578 (C.A.), at paras. 8 and 11.

[4] The respondents submit that this court should also dismiss Mr. Olumide's motion because it is frivolous, vexatious or otherwise an abuse of process, and that he should be prohibited from bringing any further motions, appeals or other proceedings without leave of this court.

[5] We agree that Mr. Olumide's present motion is an abuse of process, frivolous and vexatious.

[6] Mr. Olumide's present motion is the latest in a long series of unsuccessful motions and appeals brought by Mr. Olumide against the TTC and Metrolinx. They all relate to Mr. Olumide's objection to the manner in which the TTC and Metrolinx have instituted the Presto Card system for public transportation in Ontario. Except for minor procedural relief and restoring his abandoned application for leave to appeal, Mr. Olumide's motions and appeals were devoid of merit and dismissed.

[7] Moreover, Mr. Olumide requests constitutional remedies, judicial notice of facts, and declaratory relief that this court has no jurisdiction to order or that he has no standing to seek. In essence, Mr. Olumide is attempting to re-litigate previous proceedings in which he was unsuccessful and to bring a collateral attack on court orders that went against him.

[8] Accordingly, Mr. Olumide is prohibited, without leave of this court, from bringing any further proceedings in this court, including any motion or appeal, against either or both of these respondents.

DISPOSITION

[9] The motion is dismissed with costs to the respondent, Her Majesty the Queen in right of the Province of Ontario, fixed at $1,000.00, all inclusive.

E.E. Gillese J.A.

M.H. Tulloch J.A.

L. B. Roberts J.A.

[^1]: Mr. Olumide did not pursue his appeal from the April 15, 2015 costs order of Labrosse J. On August 17, 2015, he filed a notice of abandonment of this appeal under court file numbers C60447 and C60477.