Friday, July 26, 2013

Abuse of process and improper purpose

Doe v. A & W Canada, 2013 HRTO 1259 is an interesting decision where an application was brought on openly bogus grounds to raise issues with human rights legislation. In dismissing the application the Chair made a useful comment about abuse of process and improper purpose: 

[18]        Moreover, it is an abuse of process to bring an application for a purpose unrelated to the enforcement of the legislation. As noted in Behn v. Moulton Contracting Ltd., 2013 SCC 26 (CanLII), 2013 SCC 26 at paras. 39-41, the doctrine of abuse of process is characterized by its flexibility, and has at its heart the protection of the administration of justice and fairness. Allowing this matter to proceed would offend both, because it would use public and private resources for an improper purpose. It would be unfair to the respondent, who would be required to respond to an Application that the applicant does not believe in.


Ernest Julius Guiste said...

That is interesting.

KC said...

Funniest quasi-judicial decision I've ever read in my life.

Charline said...

This is gorgeous!