3.15: Originating application for judicial review
3.68: Court options to deal with significant deficiencies
9.4: Signing judgments and orders
10.29: General rule for payment of litigation costs

Case Summary

The Applicant had previously made an Originating Application seeking Judicial Review, which Associate Chief Justice Rooke had ruled to be an Apparently Vexatious Application or Proceeding (“AVAP”) and had ordered, pursuant to Civil Practice Note No. 7 (“CPN7”), that the Applicant had 14 days to provide the Court with written submissions to “show cause” as to why the AVAP should not be struck pursuant to Rule 3.68. Rooke A.C.J. reviewed the written submissions provided by the Applicant to the Court and determined that the AVAP should be struck pursuant to Rule 3.68.

In addition, Rooke A.C.J. found that the Applicant did not explain why the Application was served on the Respondents weeks after the six-month period provided for filing and serving an Application for Judicial Review in contravention of Rule 3.15(2).

The Court also ordered the Applicant to pay each of the Respondents $1,000.00 in Costs, citing Rule 10.29(1) for the principle that the successful party is presumptively entitled to Costs unless the Court otherwise orders. The Court also dispensed with the Applicant’s approval of the form of Order pursuant to Rule 9.4(2)(c).

View CanLII Details