Court File and Parties
CITATION: Lochner v. Ontario Civilian Police Commission, 2020 ONSC 4606
DIVISIONAL COURT FILE NO.: 096/19
DATE: 20200729
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
B E T W E E N:
SILVANO LOCHNER
Mr Lochner, self-represented
Applicant
- and -
ONTARIO CIVILIAN POLICE COMMISSION
Respondent
Read at Toronto: July 28, 2020
DECISION
D.L. Corbett J.
[1] By written request dated July 20, 2020, Mr Lochner seeks permission to commence a private prosecution against Paul McGee of the Toronto Police Service in connection with McGee’s decision respecting a freedom of information request made by Mr Lochner for documents related to the tasering of Mr Lochner’s brother back in 2006.
[2] Mr Lochner correctly observes that he may not commence his proposed private prosecution without prior permission from the case management judge. For the time being, I am the case management judge.
[3] Mr Lochner’s request is denied.
[4] Mr Lochner’s freedom of information request, his objection to the response given to that request and his stated intention to privately prosecute McGee in connection with McGee’s decision are all vexatious. Mr Lochner may not pursue further proceedings in respect to the tasering of his brother back in 2006.
[5] In my endorsement of February 13, 2020, I stated (2020 ONSC 944, para. 9):
This Request was frivolous. I have provided these reasons so that there will be a record available publicly of this frivolous request. However, there is a limit to the time and resources that the court should devote to frivolous proceedings brought by Mr Lochner. Mr Lochner should understand that future requests of this nature will likely be decided peremptorily.
[6] The request before me today is similarly vexatious. It is a request to do that which Mr Lochner has been told, several times, he may do no longer. Repeated requests by Mr Lochner will not change the answer: he may not litigate further any issues related to the tasering of his brother George back in 2006 or issues related to those events.
[7] This endorsement is effective from the time an unsigned copy of it is sent to Mr Lochner by the court. A signed copy will be released in due course.
D.L. Corbett J.
Released: July 29, 2020
CITATION: Lochner v. Ontario Civilian Police Commission, 2020 ONSC 4606
DIVISIONAL COURT FILE NO.: 096/19
DATE: 20200729
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
BETWEEN:
SILVANO LOCHNER Applicant
- and -
ONTARIO CIVILIAN POLICE COMMISSION Respondent
DECISION
D.L. Corbett J.
Released: July 29, 2020