Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20220408 DOCKET: C70243

Trotter, Zarnett and Favreau JJ.A.

BETWEEN

Her Majesty the Queen Respondent

and

Davoud Tohidy Appellant

Counsel: Davoud Tohidy, acting in person Andrew Hotke, for the respondent

Heard: in writing

On appeal from the order of Justice Charles T. Hackland of the Superior Court of Justice, dated January 21, 2022, with reasons reported at 2022 ONSC 509, dismissing an application for mandamus and other relief.

REASONS FOR DECISION

[1] At the request of counsel for the Attorney General for Ontario, the respondent in this appeal, the Registrar has referred this appeal to a panel of the court for summary dismissal under s. 685(1) of the Criminal Code, R.S.C., 1985, c. C-46 and r. 17 of the Criminal Appeal Rules, S.I./93–169. It is being heard in writing.

[2] By way of background, Mr. Tohidy sought to lay an information against Premier Doug Ford, [1] alleging the commission of various Criminal Code offences relating to the provincial government’s response to the COVID-19 pandemic.

[3] A justice of the peace refused to receive the information because of a lack of reasonable grounds to believe that an offence had been committed.

[4] Mr. Tohidy sought an order for mandamus in the Superior Court of Justice. He requested further relief in the form of a “declaration that mandatory COVID vaccination is a criminal act” and “a declaration that implementation of Vaccine passport in Ontario is a criminal act and must be revoked urgently.” He also sought an order to “stop the mass COVID-19 vaccinations immediately”, as well as costs and punitive damages for $1 billion.

[5] The Crown moved before the reviewing judge for a summary dismissal of the application based on a lack of merit. The Crown’s application was granted and Mr. Tohidy’s motion was summarily dismissed.

[6] Mr. Tohidy appeals to this court on a number of bases, including that: the Crown who appeared before the reviewing judge had a conflict of interest; the reviewing judge erred by refusing to appoint independent counsel to take over the Crown’s duties; the reviewing judge erred by curtailing the length of Mr. Tohidy’s oral submissions; and the reviewing judge erred by failing to apply the evidence adduced by Mr. Tohidy to various Criminal Code provisions.

[7] Under s. 685(1) of the Criminal Code and r. 17 of the Criminal Appeal Rules, the Registrar of the Court of Appeal for Ontario may refer an appeal to a panel of judges if the appeal purports to raise a question of law alone, but does not show a substantial ground of appeal. A panel of the court may summarily dismiss the appeal if it is frivolous or vexatious and can be determined without being adjourned for a full hearing: R. v. Amiri, 2021 ONCA 902, at paras. 3-5.

[8] In considering this request, we have the benefit of Mr. Tohidy’s factum filed on the appeal proper, as well as his lengthy response to the Crown’s request to have his appeal dismissed summarily.

[9] We agree with the reviewing judge’s reasons for summarily dismissing Mr. Tohidy’s application as meritless. His appeal from this disposition has no chance of success. The appeal is frivolous and vexatious. There is no need for a full hearing.

[10] The appeal is dismissed.

“Gary Trotter J.A.”

“B. Zarnett J.A.”

“L. Favreau J.A.”

[1] In his materials, Mr. Tohidy stresses that he sought to have Mr. Ford charged as “an individual only”. He provides no explanation for this purported qualification.