Court and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20240820 DOCKET: COA-23-CV-0322 & COA-23-CV-0709

Nordheimer, Gomery and Wilson JJ.A.

DOCKET: COA-23-CV-0322

BETWEEN

Roy D’Mello Applicant (Appellant)

and

Chris Jamie Sapusak and Attorney General of Ontario Respondents (Respondents)

AND BETWEEN

Roy D’Mello Applicant (Appellant)

and

Chris Jamie Sapusak and The Honourable Justice Leonard Ricchetti Respondents (Respondents)

DOCKET: COA-23-CV-0709

AND BETWEEN

Roy D’Mello Applicant (Appellant)

and

Chris Jamie Sapusak, Attorney General of Ontario, Attorney General of Canada Respondents (Respondents)

Counsel: Roy D’Mello, acting in person Matthew Chung and Michael J. Sims, for the respondents, The Honourable Justice Leonard Ricchetti and Attorney General of Ontario Neil Colville-Reeves, for the respondent, Chris Jamie Sapusak

Heard and released orally: August 19, 2024

On appeal from the orders of Justice Peter A. Daley of the Superior Court of Justice, dated February 8, 2023, and May 23, 2023.

Reasons for Decision

[1] Mr. D’Mello appeals from orders made by the motion judge striking out two applications commenced by him. We do not see any error in the motion judge’s conclusion that the two applications failed to disclose any reasonable cause of action. We also do not see any error in the motion judge’s conclusion that the proceedings were, in any event, not properly commenced by way of application. Finally, we do not see any merit in the appellant’s submission that the motion judge demonstrated a reasonable apprehension of bias against him.

[2] The appeals are dismissed. The respondents, Attorney General of Ontario and Justice Leonard Ricchetti are entitled to their costs of the appeal fixed in the amount of $2,500 inclusive of interest and HST. The respondent, Chris Jamie Sapusak, is entitled to his costs of the appeal fixed in the amount of $3,500 inclusive of interest and HST.

“I.V.B. Nordheimer J.A.”

“S. Gomery J.A.”

“D.A. Wilson J.A.”