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Application for judicial review of abandoned HRTO complaint dismissed as frivolous under Rule 2.1.
The applicant sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision that dismissed her human rights application as abandoned.
The Divisional Court issued a notice under Rule 2.1 of the Rules of Civil Procedure, noting the application sought relief the court could not grant and failed to raise proper grounds for judicial review.
After reviewing the applicant's written submissions, which continued to argue the substantive merits rather than addressing the HRTO's procedural dismissal, the court found the application devoid of merit.
The application for judicial review was dismissed as frivolous and an abuse of process.
Judicial review dismissed; HRTO's dismissal of application for abuse of process due to disruptive behaviour was reasonable.
The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing his discrimination application as an abuse of process due to his persistently discourteous and disruptive behaviour.
The applicant alleged reasonable apprehension of bias, procedural unfairness, and unreasonableness.
The Divisional Court declined to dismiss the judicial review for delay, accepting the applicant's medical explanation.
However, the court dismissed the application on the merits, finding no reasonable apprehension of bias, no breach of procedural fairness, and concluding that the Tribunal's decision to dismiss the underlying application for abuse of process was reasonable and entitled to deference.
