McCargar v. Correctional Service Canada

McCargar v. Correctional Service Canada

The complainant's repeated, deliberate and escalating non-compliance—filing massively overbroad and irrelevant witness and remedies listings, failing to provide required witness summaries, ignoring multiple Tribunal directions and timelines—constituted vexatious conduct that amounted to an abuse of the Tribunal's process; given the prospective risk of continued abuse and the absence of any effective lesser remedy, dismissal of both complaints was the only proportional and necessary remedy to protect fairness, tribunal resources and the public interest.

Citation
2025 CHRT 15
Parties
Complainant: Brook McCargar; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
5 March 2025
Procedural Posture
Human Rights Complaint (chrt Inquiry) / Case Management; Motion to Dismiss for Abuse of Process / Non Compliance
Outcome
Complaints dismissed, effective immediately
Legal Topics
Abuse of Process, Vexatious Litigant, Dismissal for Non Compliance, Delay, Remedies, Procedural Fairness
Source Language
English
Administrative Law Human Rights Law Tribunal Procedure Abuse of Process Vexatious Litigant Dismissal for Non Compliance Delay Remedies +1 more

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Parties

Brook McCargar

Complainant

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

Procedural Posture

Human Rights Complaint (chrt Inquiry) / Case Management; Motion to Dismiss for Abuse of Process / Non Compliance

Legal Issues

  1. 1 Whether the complainant's conduct amounted to vexatious conduct and abuse of the Tribunal's process
  2. 2 Whether dismissal is an appropriate and proportionate remedy for non-compliance and abuse of process
  3. 3 Whether the Tribunal retains jurisdiction to order the broad remedies sought by the complainant

Ratio Decidendi

The complainant's repeated, deliberate and escalating non-compliance—filing massively overbroad and irrelevant witness and remedies listings, failing to provide required witness summaries, ignoring multiple Tribunal directions and timelines—constituted vexatious conduct that amounted to an abuse of the Tribunal's process; given the prospective risk of continued abuse and the absence of any effective lesser remedy, dismissal of both complaints was the only proportional and necessary remedy to protect fairness, tribunal resources and the public interest.

Court Disposition

Complaints dismissed, effective immediately

Orders

  • The Tribunal orders that Mr. McCargar’s two human rights complaints are dismissed, effective immediately.