Ash v. Ontario (Chief Medical Officer)
The Court refused to interfere with the motion judge's decision, concluding the proposed leave application lacked clear merit and that an allegation of conflict of interest could not be appended to a dismissed mandamus application to create jurisdiction; therefore no extension of time for leave to appeal should be...
Source-derived case information.
- Citation
- 2024 ONCA 617
- Parties
- Applicant/moving Party: Jordan Ash; Respondent/responding Party: Chief Medical Officer of Health of Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 August 2024
- Procedural Posture
- Civil / Application for Review of Motion Judge's Decision Denying Extension of Time for Leave to Appeal
- Outcome
- Application for review dismissed; extension of time for leave to appeal denied; no order as to costs.
- Legal Topics
- Extension of Time, Leave to Appeal, Abuse of Process, Conflict of Interest, Mandamus
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jordan Ash
Applicant/moving Party
Chief Medical Officer of Health of Ontario
Respondent/responding Party
Procedural Posture
Civil / Application for Review of Motion Judge's Decision Denying Extension of Time for Leave to Appeal
Legal Issues
- 1 Whether to grant an extension of time for leave to appeal
- 2 Whether the proposed leave application was frivolous, vexatious or an abuse of process
- 3 Whether an allegation of conflict of interest could be raised after dismissal of a mandamus application and could confer jurisdiction
Ratio Decidendi
The Court refused to interfere with the motion judge's decision, concluding the proposed leave application lacked clear merit and that an allegation of conflict of interest could not be appended to a dismissed mandamus application to create jurisdiction; therefore no extension of time for leave to appeal should be granted.
Court Disposition
Application for review dismissed; extension of time for leave to appeal denied; no order as to costs.
Orders
- Review application dismissed
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
Ash v. Ontario (Chief Medical Officer) Collection Decisions of the Court of Appeal Date 2024-08-14 Neutral citation 2024 ONCA 617 Docket numbers COA-24-OM-0126, M55179 Judges Simmons, Janet M.; van Rensburg, Katherine; Thorburn, Julie Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Ash v. Ontario (Chief Medical Officer), 2024 ONCA 617 DATE: 20240814 DOCKET: M55179 (COA-24-OM-0126) Simmons, van Rensburg and Thorburn JJ.A. BETWEEN Jordan Ash Applicant/Moving Party and Chief Medical Officer of Health of Ontario Respondent/Responding Party Jordan Ash, acting in person Michael Saad, for the responding party Heard and released orally: August 12, 2024 REASONS FOR DECISION [1] The moving party seeks a review of the motion judge’s decision to deny his request for an extension of time for leave to appeal a Divisional Court decision by Corbett J. [2] Acting under r. 2.1, Corbett J. dismissed as frivolous, vexatious and an abuse of process the moving party’s request under r. 59.06(2)(a) to set aside or vary a decision of a Divisional Court panel. [3] We see no basis on which to interfere with the motion judge’s determination that the lack of merit in the moving party’s proposed leave application was so clear-cut that an extension of time should not be granted. The moving party’s mandamus application had been heard and dismissed. We agree with Corbett J. that an application to challenge whether the Chief Medical Officer of Health had a conflict of interest respecting COVID-19 vaccines could not be grafted onto his original mandamus application at that stage. An allegation of conflict of interest could not give the court authority it did not otherwise have. [4] There will be no order as to costs of this motion. “Janet Simmons J.A.” “K. van Rensburg J.A.” “Thorburn J.A.”