The moving party brought a motion for leave to appeal a Divisional Court order dismissing an application for judicial review of an Ontario Special Education Tribunal decision, and a motion to reopen a previous Court of Appeal decision.
The Court of Appeal dismissed both motions pursuant to Rule 2.1 of the Rules of Civil Procedure, finding them to be frivolous, vexatious, or otherwise an abuse of process.
The judicial review application was premature as the Tribunal proceedings were ongoing, and the moving party failed to meet the high standard required to reopen a previous decision.
