Constantinescu v. Correctional Service Canada

Constantinescu v. Correctional Service Canada

The Tribunal found the complainant repeatedly made unsubstantiated allegations of bias against the member despite repeated warnings and final rulings affirming no reasonable apprehension of bias; the conduct was vexatious and likely to continue, no alternative remedy would remove the prospective prejudice, and therefore dismissal of the complaint for abuse of process was warranted and necessary to protect the integrity of the Tribunal's proceedings.

Citation
2022 CHRT 13
Parties
Complainant: Cecilia Constantinescu; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
20 April 2022
Procedural Posture
Human Rights (canadian Human Rights Act) / Ruling on Abuse of Process
Outcome
Complaint dismissed for abuse of process; file closed effective April 20, 2022.
Legal Topics
Abuse of Process, Judicial/tribunal Bias and Recusal, Disclosure Obligations, Delay and Stay/dismissal Remedies, Case Management
Source Language
English
Human Rights Administrative Law Employment Law Abuse of Process Judicial/tribunal Bias and Recusal Disclosure Obligations Delay and Stay/dismissal Remedies Case Management

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Parties

Cecilia Constantinescu

Complainant

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

Procedural Posture

Human Rights (canadian Human Rights Act) / Ruling on Abuse of Process

Legal Issues

  1. 1 Whether complainant's repeated allegations of bias constituted an abuse of process
  2. 2 Whether dismissal (stay) of the complaint is the appropriate remedy
  3. 3 Whether lesser remedies could remove the prejudice or prevent perpetuation of abuse

Ratio Decidendi

The Tribunal found the complainant repeatedly made unsubstantiated allegations of bias against the member despite repeated warnings and final rulings affirming no reasonable apprehension of bias; the conduct was vexatious and likely to continue, no alternative remedy would remove the prospective prejudice, and therefore dismissal of the complaint for abuse of process was warranted and necessary to protect the integrity of the Tribunal's proceedings.

Court Disposition

Complaint dismissed for abuse of process; file closed effective April 20, 2022.

Orders

  • The Tribunal dismisses the complaint for abuse of process and orders the file closed effective April 20, 2022.