Canada Judgment

Court of Appeal for Ontario

Watt v. Health Professions Appeal and Review Board

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Court dismissed the Motion for Leave as frivolous, vexatious and an abuse of process because the claims lacked any legal or evidentiary foundation and amounted to impermissible relitigation of matters already decided; the Court also dismissed the request for case management and ordered that the applicant may not bring further motions in the proceeding without leave of a justice.

Court disposition

Motion for leave dismissed as frivolous, vexatious and an abuse of process; request for case management dismissed; prohibition on further motions without leave imposed

Orders

  • Dismissal of Motion for Leave under r.2.1.02
  • Dismissal of applicant's request for case management
  • Order under r.2.1.02(3) prohibiting the applicant from making any further motions in this proceeding without leave of a justice of this court
  • Temporary stay imposed under s.106 of the Courts of Justice Act pending determination of the r.2.1 review

02

Material facts

Parties

Dr. Andrew JL Watt

Applicant Counsel: acting in person

Health Professions Appeal and Review Board

Respondent Counsel: David P. Jacobs; Steven G. Bosnick

03

Procedural history

  1. Posture

    Leave to Appeal From Divisional Court Order / Determination on Motion for Leave Under R.2.1 of the Rules of Civil Procedure

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant alleged widespread wrongdoing by judges and tribunals, sought orders from the Chief Justice and RCMP investigations into the Health Professions Appeal and Review Board and the College of Physicians and Surgeons, and requested appointment of an appeal management judge and case management; he resisted the r.2.1 process and asserted entitlement to proceed without the court's imposed restrictions.
Respondent
The court/respondent maintained the claims were nonsensical, lacked any evidentiary or legal foundation, amounted to relitigation of matters already judicially determined, and were frivolous, vexatious and an abuse of process; the applicant was subject to Corbett J.'s 2024 ONSC 5980 order requiring leave and a stay under s.106 was appropriate pending review.

05

Court’s reasoning

  1. 01

    Rules of Civil Procedure, R.R.O. 1990, Reg. 194 r.2.1

    Court may dismiss proceedings that are frivolous, vexatious or an abuse of process

  2. 02

    Courts of Justice Act, R.S.O. 1990, c. C.43 s.106

    Court may impose a stay of proceedings pending disposition of a procedural review

  3. 03

    Watt v. Health Professions Appeal and Review Board, 2024 ONSC 5980 (Corbett J.)

    Prior court order restricting a litigant's ability to commence or continue proceedings requires compliance and leave to proceed

06

Ratio, limits and disposition

Ratio decidendi

The Court dismissed the Motion for Leave as frivolous, vexatious and an abuse of process because the claims lacked any legal or evidentiary foundation and amounted to impermissible relitigation of matters already decided; the Court also dismissed the request for case management and ordered that the applicant may not bring further motions in the proceeding without leave of a justice.

Obiter and limits

  • Court gave notice it was considering staying or dismissing the motion under r.2.1
  • Court imposed a temporary stay under s.106 pending the r.2.1 review
  • Court noted the applicant directed the Registrar to halt the r.2.1 process but that a stay prevented case management until the review concluded

Court disposition

Motion for leave dismissed as frivolous, vexatious and an abuse of process; request for case management dismissed; prohibition on further motions without leave imposed

  • Dismissal of Motion for Leave under r.2.1.02
  • Dismissal of applicant's request for case management
  • Order under r.2.1.02(3) prohibiting the applicant from making any further motions in this proceeding without leave of a justice of this court
  • Temporary stay imposed under s.106 of the Courts of Justice Act pending determination of the r.2.1 review

Source and reliance status

Court of Appeal for Ontario · 14 May 2026

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Judgment text

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Source document

Court of Appeal for Ontario

Judgment· 14 May 2026

2026 ONCA 355

Watt v. Health Professions Appeal and Review Board Collection Decisions of the Court of Appeal Date 2026-05-14 Neutral citation 2026 ONCA 355 Docket numbers COA-26-OM-0112 Judges Roberts, Lois B.; Monahan, Patrick J.; Wilson, Darla A. Subject Civil Decision Content

COURT OF APPEAL FOR ONTARIO CITATION: Watt v. Health Professions Appeal and Review Board, 2026 ONCA 355 DATE: 20260514 DOCKET: COA-26-OM-0112 Roberts, Monahan and Wilson JJ.A.

BETWEEN Dr. Andrew JL Watt Applicant (Moving Party) and Health Professions Appeal and Review Board Respondent (Responding Party) Andrew Watt, acting in person David P. Jacobs and Steven G. Bosnick, for the responding party Heard: in writing Determination pursuant to r. 2.1 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, with respect to a motion for leave to appeal the order of Justice Shaun O’Brien of the Divisional Court dated February 2, 2026.

REASONS FOR DECISION [1] The applicant seeks leave to appeal (the “Motion for Leave”) an order of O’Brien J. of the Divisional Court denying him permission to proceed with an application for judicial review (the “Application for Judicial Review”). O’Brien J. also denied the applicant permission to bring a motion (the “Motion”) seeking an appointment with the Chief Justice of Ontario to discuss, amongst other things, consolidating various claims and proceedings he is attempting to pursue before various courts and tribunals. [2] The applicant was required to seek leave to proceed with these matters pursuant to the order of Corbett J. in Watt v. Health Professions Appeal and Review Board, 2024 ONSC 5980, requiring that the applicant receive written permission of a judge to commence or continue legal proceedings in the Superior Court of Justice (including the Divisional Court and the Small Claims Court). Corbett J. issued that order on the basis that the applicant had engaged in a series of proceedings that did not appear to be grounded in objective reality and were on their face frivolous, vexatious and an abuse of process. [3] O’Brien J. denied the applicant permission to proceed with the Application for Judicial Review and the Motion for several reasons, including that the applicant’s claims were nonsensical and had no foundation in any evidence or in law. [4] The Motion for

Leave appears on its face to be frivolous and vexatious. It makes bald allegations of alleged wrongdoing by O’Brien J. or other judges who may have adjudicated or otherwise been involved in prior proceedings brought by the applicant. The applicant further alleges “gross negligence” in the execution of the Divisional Court’s duty to administer justice in Ontario with regard to his litigation. He seeks an order from the Chief Justice of Ontario that the RCMP White Collar Crimes unit investigate the Health Professions Appeal and Review Board and the College of Physicians and Surgeons with regard to healthcare fraud and regulatory fraud and lay criminal charges where appropriate. [5] Accordingly, this court gave notice to the applicant that it was considering making an order staying or dismissing the Motion for Leave as frivolous or vexatious or otherwise an abuse of the process of the court pursuant to r. 2.1 of the Rules of Civil Procedure, R.R.O. 1990, Reg.

194. The court also imposed a stay under s. 106 of the Courts of Justice Act, R.S.O. 1990, c. C.43 pending the determination of the r. 2.1 review. [6] The Applicant responded by directing the Registrar of the court not to proceed with the r. 2.1 process until the court had responded to his prior request for the appointment of an appeal management judge in respect of his Motion for Leave. [7] In response to this submission, the Applicant was advised that, because the Court had initiated a stay under s. 106 of the Courts of Justice Act pending determination of the r. 2.1 review, his request for case management would not be considered until a determination had been made on that review. [8] Having considered the Motion for Leave, as well as the underlying litigation to which it relates, it is obvious that the proceeding is on its face frivolous, vexatious and an abuse of process. The Applicant makes bare, unsupported allegations of criminal wrongdoing involving judges and administrative tribunals. He also seeks orders or declarations from the Chief Justice that have no legal or evidentiary basis. He seemingly wishes to relitigate matters that have been the subject of various court orders, which he has unsuccessfully appealed. [9] Therefore, in accordance with r. 2.1.02, we dismiss the Motion for Leave on the basis that the proceeding is frivolous, vexatious and an abuse of process of the court. We also dismiss the applicant’s request for case management, and make an order under r. 2.1.02(3) prohibiting the applicant from making any further motions in this proceeding without leave of a justice of this court. “L.B. Roberts J.A.” “P.J. Monahan J.A.” “D.A. Wilson J.A.”

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Watt v. Health Professions Appeal and Review Board, 2024 ONSC 5980 (Corbett J.)

Case cited

Watt v. Health Professions Appeal and Review Board, 2026 ONCA 355

Case cited

Rules of Civil Procedure, R.R.O. 1990, Reg. 194 r.2.1

Legislation

Legislation referenced in the available case record.

Courts of Justice Act, R.S.O. 1990, c. C.43 s.106

Legislation

Legislation referenced in the available case record.

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