Court of Appeal for Ontario
Date: 2019-08-01 Docket: C66739 Judges: Rouleau, Tulloch and Fairburn JJ.A.
Between
Her Majesty the Queen Respondent
and
Golam Mehedi Appellant
Counsel
Golam Mehedi, in person
Michael Fawcett, for the respondent
Heard
July 8, 2019
Appeal
On appeal from the order of Justice Anne Molloy of the Superior Court of Justice, dated March 20, 2019, with reasons reported at 2019 ONSC 1774.
Appeal Book Endorsement
[1] The appellant seeks an adjournment for his appeal on the basis that he just recently received the transcript of proceedings on June 28, 2019. The Crown opposes. Almost the entirety of the transcript consists of the appellant's submissions on his certiorari application before the Superior Court. We see no merit to the appellant's request, as such his adjournment request is denied.
[2] With respect to the appeal proper, the appellant appeals against a vexatious litigant order that enjoins him from, "either directly or indirectly, instituting or continuing proceedings in any Superior Court in Ontario for the review of lower court proceedings or Crown action with respect to any private criminal information, except with leave of a Judge of the Ontario Superior Court of Justice." Paragraph e) of the order further states that for greater clarity, "any Superior Court in Ontario" includes the Ontario Court of Appeal.
[3] The appellant raises two main issues in oral submissions:
That the lower court erred in declaring him a vexatious litigant;
That the court erred in denying his applications for certiorari and mandamus in not permitting him to continue with three private prosecutions that he attempted to initiate in provincial court.
[4] We disagree. We see no error in the application judge's decision declaring the appellant a vexatious litigant. We are however of the view that the application judge may have overstepped her jurisdiction in enjoining the appellant from initiating proceedings at the Court of Appeal. At the invitation of the Crown, the aspect of the order enjoining the appellant against initiating proceedings before the Court of Appeal without leave is struck, without prejudice to the Crown to bring a new application before the Court of Appeal.