Court File and Parties

Court of Appeal for Ontario Date: 2021-05-20 Docket: M52233 (C68902)

Before: Strathy C.J.O., Feldman and Sossin JJ.A.

Between: Sajjad Asghar, Plaintiff (Appellant/Moving Party)

And: The Toronto Police Services Board, Members Chair Jim Hart, Marie Moliner (Vice-Chair), Mayor John Tory, Michael Ford Councillor, Councillor Frances Nunziata, Ainsworth M. Morgan, Lisa Kostakis, Defendants (Respondents/Responding Parties)

And: The Toronto Police Chief (Ex-Incumbent) Mark Saunders, Defendant (Respondent/Responding Party)

And: The Toronto Police Special Constable Joseph Pihura # 90483, Defendant (Respondent/Responding Party)

Counsel: Sajjad Asghar, acting in-person Natalie Salafia, for the responding parties

Heard: in writing

Reasons for Decision

[1] The self-represented moving party, Mr. Asghar, brings this motion to review the order of the chambers judge, dated January 15, 2021, dismissing Mr. Asghar’s interim motion for an order: (1) requiring the responding parties to produce certain “video and audio recordings, transcripts etc.”; (2) permitting electronic filing and service of all appeal materials; and (3) granting an extension of time to perfect his appeal.

[2] The motion before the chambers judge was brought in the context of Mr. Asghar’s appeals from three orders of Ferguson J., all dated November 19, 2020, dismissing three separate actions brought by Mr. Asghar against the Toronto Police Services Board, a Toronto Police special constable, and various other Toronto municipal and police entities and officials. Ferguson J. found each of those actions to be frivolous, vexatious, and an abuse of process within the meaning of r. 2.1 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 143.

[3] Mr. Asghar filed a motion before the chambers judge seeking interim relief in one of his appeals, which bears the court file number C68902. The primary relief sought by Mr. Asghar on that motion was the production of video and audio recordings and transcripts allegedly depicting one of the respondents to that appeal, a Toronto Police special constable, inappropriately interacting with “opposing and contentious parties” while inside the “ONCA courthouse”. Mr. Asghar submitted before the chambers judge that footage from security cameras inside certain areas of the courthouse would be “important” for his appeal, urging that the panel who would decide that appeal needed to see “the gravity of the situation”.

[4] On January 15, 2021, the chambers judge concluded there was “no foundation to make the order requested” and dismissed Mr. Asghar’s motion.

[5] On this panel review motion, Mr. Asghar seeks to set aside the order of the chambers judge and obtain the same relief sought on the underlying motion. We decline to grant that relief.

[6] A panel review of a chambers judge’s decision is not a de novo determination. Where the chambers judge has made a discretionary decision, the decision is entitled to deference and the reviewing panel will not interfere absent legal error or misapprehension of material evidence: Machado v. Ontario Hockey Association, 2019 ONCA 210, at para. 9. In addition, if the chambers judge committed an error in principle, the panel may intervene: Yaiguaje v. Chevron Corporation, 2017 ONCA 827, 138 O.R. (3d) 1, at para. 21.

[7] Applying the foregoing, we see no basis on which to interfere with the decision of the chambers judge.

[8] Accordingly, Mr. Asghar’s panel review motion is dismissed.

[9] We would note, however, that this court permits electronic service and filing of appeal materials: “Consolidated Practice Direction Regarding Proceedings in the Court of Appeal During the COVID-19 Pandemic”, (March 15, 2021), at 34 and 43. As such, parties do not require an order of this court to electronically file and serve appeal materials.

[10] We would further note that Mr. Asghar’s separate appeal bearing the court file number C68903 was perfected on February 4, 2021. That appeal is scheduled to be heard by a panel of this court on September 7, 2021.

“G.R. Strathy C.J.O.” “K. Feldman J.A.” “Sossin J.A.”