The court found the formal chambers application was necessary because previously published reasons existed and the request sought modification of published judgments; affidavit evidence for the stand-alone Rule 10-3 application was admissible (post-trial material need not be struck and hearsay may be used to show statements were made but not for truth); applying the Sherman Estate balancing test the court concluded there is a serious risk to the identified public interest (children's health, privacy and safety) if actual initials remain, and granted further anonymization ordering that all pre…
The Federal Court dismissed Monica Loughlin’s judicial review, finding she challenged the Registrar’s decision rather than the Commissioner’s and had no basis for intervention.
Leave to appeal from case planning conference orders was denied, and the no-fee application was also dismissed, because the proposed appeal lacked merit and would delay trial.
Leave to appeal
Case management/case planning conference
Particulars and pleadings
Examinations for discovery
No-fee application under court of appeal rules r.85(6)
The court granted an injunction limiting Wayne Kelly Stronks’s correspondence with the Smithers Registry, while preserving his ability to file documents by permitted methods.
Injunction
Parens patriae
Public nuisance
Restrictions on communications with court registry
The motion is dismissed because there is no authority to require the Crown or any other party to prepare or pay for the transcript; Rule 90.29(5) governs transcript preparation and exceptions are limited to legislation or court order; additionally, the appellant failed to demonstrate the exceptional merit required for the extraordinary procedural relief sought, though leave to file the motion electronically was granted.
The respondent has persistently conducted proceedings in a vexatious manner as demonstrated by a long history of warnings, frivolous and abusive conduct, repeated failures to obey rules and costs orders; accordingly the application under s.40 is granted, a declaration of vexatiousness is issued and the respondent is barred from commencing or continuing proceedings in the Federal Court or Federal Court of Appeal except with leave, and leave will only be granted if outstanding costs awarded against him in this Court have been paid in full.
The court granted leave to intervene to the Ontario Paralegal Association (OPA), the Canadian Immigration Lawyers Association (CILA) and the College of Immigration and Citizenship Consultants (CICC) because each demonstrated expertise and the ability to assist the court; the court denied leave to the Canadian Paralegal Alliance (CPA) and denied authorization for CPA to be represented by a director under r.15.01(2) because the CPA failed to provide adequate evidence of independent existence, corporate authorization or expertise, and had an improper connection to the appellant that undermined i…
The court dismissed an appeal from an associate judge’s refusal to set aside default judgment, holding the associate judge had jurisdiction and made no reviewable error.
The motion judge properly exercised his discretion in denying leave under Rule 15.01(2); the panel found no error in principle, unreasonable result, or misapprehension of material evidence and therefore dismissed the appeal of the motion decision—access to justice was not established by the submitted bank records and Mr. Drizen's conduct in this and related litigation was a legitimate and relevant factor against granting leave.