COURT OF APPEAL SUMMARIES (September 7 – September 18, 2020)Alexander v. Longo Brothers Fruit Market Inc., 2020 ONCA 590 (CanLII)
[Gillese, Lauwers and Benotto JJ.A.]
K.A., acting in person
Paul Wearing, for the respondents
Trevor Guy, for Human Rights Tribunal of Ontario
Keywords: Civil Procedure, Striking Pleadings, Frivolous, Vexatious, Abuse of Process, Rules of Civil Procedure, Rule 2.1.01
The appellant made a complaint against the respondents to the Human Rights Tribunal of Ontario (“HRTO”) in 2014, in addition to bringing a civil action seeking damages. At the appellant’s request, the HRTO deferred the complaint process until the civil action was completed. The civil action was settled in 2017, and the terms of the settlement included the appellant’s agreement not to pursue further claims against the respondents. However, in 2019, the appellant filed a Notice of Application with the Superior Court of Justice claiming damages because the respondents did not respond to his complaint to the HRTO. The respondents and the HRTRO brought a motion seeking dismissal of the Superior Court application. The motion judge, finding the appellant’s actions to be frivolous, dismissed the application.
(1) Did the motion judge err in dismissing the appellant’s application without first inviting submissions from him?
(1) No. Rule 2.1.01(3) of the Rules of Civil Procedure provides a motion judge with the discretion to dismiss a claim without inviting submissions. The Court agreed with the motion judge’s conclusion that the appellant’s Notice of Application did not plead a cause of action against either the HRTO or the respondents, and therefore lacked any legal basis or merit. As such, the Court concluded that the motion judge made no error in exercising his discretion under Rule 2.1.01(3).
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