Ryan Richards v. Correctional Service Canada

Ryan Richards v. Correctional Service Canada

The Tribunal found the Complainant breached the implied undertaking, failed to provide reliable proof of compliance with the Tribunal’s orders, and that this conduct constitutes an abuse of process; however, dismissal of the complaints was disproportionate at this time and instead the Tribunal dismissed CSC’s motion but ordered the Complainant to provide a signed, detailed statement of compliance by a set deadline and warned that further non‑compliance will permit CSC to renew its request and may lead to dismissal.

Citation
2025 CHRT 83
Parties
Complainant: Ryan Richards; Commission: Canadian Human Rights Commission; Respondent: Correctional Service Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
27 August 2025
Procedural Posture
Human Rights Complaint (canadian Human Rights Tribunal) / Ruling on Motion to Dismiss (abuse of Process)
Outcome
CSC's motion to dismiss is dismissed; Tribunal finds Complainant committed an abuse of process but declines to dismiss complaints at this time and issues mandatory directions and warnings about future dismissal for continued non‑compliance.
Legal Topics
Abuse of Process, Implied Undertaking Rule (confidential Disclosure), Dismissal of Complaints, Reasonable Apprehension of Bias, Confidentiality Orders, Right to Counsel
Source Language
English
Administrative Law Human Rights Law Procedural Law Tribunal Practice Abuse of Process Implied Undertaking Rule (confidential Disclosure) Dismissal of Complaints Reasonable Apprehension of Bias +2 more

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Parties

Ryan Richards

Complainant

Canadian Human Rights Commission

Commission

Correctional Service Canada

Respondent

Procedural Posture

Human Rights Complaint (canadian Human Rights Tribunal) / Ruling on Motion to Dismiss (abuse of Process)

Legal Issues

  1. 1 Did the Complainant comply with the Tribunal’s orders following breach of the implied undertaking rule?
  2. 2 If not, do the Complainant’s actions constitute an abuse of process?
  3. 3 If so, is dismissal of the complaints an appropriate remedy or are other remedies warranted?

Ratio Decidendi

The Tribunal found the Complainant breached the implied undertaking, failed to provide reliable proof of compliance with the Tribunal’s orders, and that this conduct constitutes an abuse of process; however, dismissal of the complaints was disproportionate at this time and instead the Tribunal dismissed CSC’s motion but ordered the Complainant to provide a signed, detailed statement of compliance by a set deadline and warned that further non‑compliance will permit CSC to renew its request and may lead to dismissal.

Court Disposition

CSC's motion to dismiss is dismissed; Tribunal finds Complainant committed an abuse of process but declines to dismiss complaints at this time and issues mandatory directions and warnings about future dismissal for continued non‑compliance.

Orders

  • CSC’s motion to dismiss is dismissed.
  • By no later than September 10, 2025, the Complainant must provide a written, signed statement confirming full compliance with the Tribunal’s Ruling and addressing in detail each item set out in paragraph 40 of the Ruling.