"As they have dared, so shall I dare. Dare to tell the truth, as I have pledged to tell it, in full, since the normal channels of justice have failed to do so. My duty is to speak out; I do not wish to be an accomplice in this travesty." ​
"Truth and justice, so ardently longed for! How terrible it is to see them trampled, unrecognized and ignored!" Emile Zola. J'Accuse, 1898
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Practice Direction Concerning Civil Appeals at the Court of Appeal for Ontario
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The Law Society of Upper Canada Code of Professional Conduct
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​Thomas J. in Henson v. Ontario Hydro Corp. 1995 CarswellOnt 1026
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Charter of Rights and Freedoms
Rights and freedoms in Canada
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
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Fundamental freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
Legal Rights
Life, liberty and security of person
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Treatment or punishment
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
Equality Rights
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Enforcement of guaranteed rights and freedoms
24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Primacy of Constitution of Canada
52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
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SUMMARY OF CONTENTS
HUMAN RIGHTS CODE R.S.O. 1990
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Preamble
Whereas recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world and is in accord with the Universal Declaration of Human Rights as proclaimed by the United Nations;
And Whereas it is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination that is contrary to law, and having as its aim the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province;
And whereas these principles have been confirmed in Ontario by a number of enactments of the Legislature and it is desirable to revise and extend the protection of human rights in Ontario;
PART I FREEDOM FROM DISCRIMINATION
Employment
5 (1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.
Harassment in employment
(2) Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.
Reprisals
8 Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing.
Application by person
34 (1) If a person believes that any of his or her rights under Part I have been infringed, the person may apply to the Tribunal for an order under section 45.2,
(a) within one year after the incident to which the application relates; or
(b) if there was a series of incidents, within one year after the last incident in the series. 2006, c. 30, s. 5.
Late applications
(2) A person may apply under subsection (1) after the expiry of the time limit under that subsection if the Tribunal is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay. 2006, c. 30, s. 5.
Where application barred
(11) A person who believes that one of his or her rights under Part I has been infringed may not make an application under subsection (1) with respect to that right if,
(a) a civil proceeding has been commenced in a court in which the person is seeking an order under section 46.1 with respect to the alleged infringement and the proceeding has not been finally determined or withdrawn; or
(b) a court has finally determined the issue of whether the right has been infringed or the matter has been settled.
Final determination
(12) For the purpose of subsection (11), a proceeding or issue has not been finally determined if a right of appeal exists and the time for appealing has not expired.
Dismissal in accordance with rules
45.1 The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.
Vicarious liability
Acts of officers, etc.
46.3 (1) For the purposes of this Act, except subsection 2 (2), subsection 5 (2), section 7 and subsection 46.2 (1), any act or thing done or omitted to be done in the course of his or her employment by an officer, official, employee or agent of a corporation, trade union, trade or occupational association, unincorporated association or employers’ organization shall be deemed to be an act or thing done or omitted to be done by the corporation, trade union, trade or occupational association, unincorporated association or employers’ organization. 2006, c. 30, s. 8.
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​ONTARIO LABOUR RELATIONS ACT, 1995
Recognition provisions
45 (1) Every collective agreement shall be deemed to provide that the trade union that is a party thereto is recognized as the exclusive bargaining agent of the employees in the bargaining unit defined therein.
Board’s orders not subject to review
116 No decision, order, direction, declaration or ruling of the Board shall be questioned or reviewed in any court, and no order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, declaratory judgment, certiorari, mandamus, prohibition, quo warranto, or otherwise, to question, review, prohibit or restrain the Board or any of its proceedings. 1995, c. 1, Sched. A, s. 116.
48(18) Effect of arbitrator's decision
The decision of an arbitrator or of an arbitration board is binding,
(a) upon the parties;
(b) in the case of a collective agreement between a trade union and an employers' organization, upon the employers covered by the agreement who are affected by the decision;
(c) in the case of a collective agreement between a council of trade unions and an employer or an employers' organization, upon the members or affiliates of the council and the employer or the employers covered by the agreement, as the case may be, who are affected by the decision; and
(d) upon the employees covered by the agreement who are affected by the decision, and the parties, employers, trade unions and employees shall do or abstain from doing anything required of them by the decision.
48(19) Enforcement of arbitration decisions
Where a party, employer, trade union or employee has failed to comply with any of the terms of the decision of an arbitrator or arbitration board, any party, employer, trade union or employee affected by the decision may file in the Superior Court of Justice a copy of the decision, exclusive of the reasons therefore, in the prescribed form, whereupon the decision shall be entered in the same way as a judgment or order of that court and is enforceable as such.
74. Duty of fair representation by trade union, etc.
A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be.
96(5) Burden of proof
On an inquiry by the Board into a complaint under subsection (4) that a person has been refused employment, discharged, discriminated against, threatened, coerced, intimidated or otherwise dealt with contrary to this Act as to the person's employment, opportunity for employment or conditions of employment, the burden of proof that any employer or employers' organization did not act contrary to this Act lies upon the employer or employers' organization.
96(7) Effect of settlement
Where a proceeding under this Act has been settled, whether through the endeavours of the labour relations officer or otherwise, and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the trade union, council of trade unions, employer, employers' organization, person or employee who have agreed to the settlement and shall be complied with according to its terms, and a complaint that the trade union, council of trade unions, employer, employers' organization, person or employee who has agreed to the settlement has not complied with the terms of the settlement shall be deemed to be a complaint under subsection (1).
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ONTARIO REGULATION 94/07 GENERAL
Filing of arbitration awards
1. (1) Every arbitrator shall, within 10 days after issuing an award, file a copy with the Minister. O. Reg. 94/07, s. 1 (1).
(2) A record of all awards filed under subsection (1) shall be maintained.
(3) Any person is entitled to a copy of an award filed under subsection (1), on request and on payment of the following fee:
1. For a copy of every award filed in a one-year period, $4,400.
2. For a copy of an award, 50 cents per page, if the person has not paid the fee described in paragraph 1.
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JUDICIAL REVIEW PROCEDURE ACT (JRPA)
Application to Divisional Court
6 (1) Subject to subsection (2), an application for judicial review shall be made to the Divisional Court.
Application to judge of Superior Court of Justice
6(2) An application for judicial review may be made to the Superior Court of Justice with leave of a judge thereof, which may be granted at the hearing of the application, where it is made to appear to the judge that the case is one of urgency and that the delay required for an application to the Divisional Court is likely to involve a failure of justice. R.S.O. 1990
Transfer to Divisional Court
6(3) Where a judge refuses leave for an application under subsection (2), he or she may order that the application be transferred to the Divisional Court.
Appeal to Court of Appeal
6(4) An appeal lies to the Court of Appeal, with leave of the Court of Appeal, from a final order of the Superior Court of Justice disposing of an application for judicial review pursuant to leave granted under subsection (2).
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RULE 2.1 GENERAL POWERS TO STAY OR DISMISS IF VEXATIOUS, ETC.
STAY, DISMISSAL OF FRIVOLOUS, VEXATIOUS, ABUSIVE PROCEEDING
Order to Stay, Dismiss Proceeding
2.1.01 (1) The court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.
Summary Procedure
(2) The court may make a determination under subrule (1) in a summary manner, subject to the procedures set out in this rule.
(3) Unless the court orders otherwise, an order under subrule (1) shall be made on the basis of written submissions, if any, in accordance with the following procedures:
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The court shall direct the registrar to give notice (Form 2.1A) to the plaintiff or applicant, as the case may be, that the court is considering making the order.
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The plaintiff or applicant may, within 15 days after receiving the notice, file with the court a written submission, no more than 10 pages in length, responding to the notice.
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If the plaintiff or applicant does not file a written submission that complies with paragraph 2, the court may make the order without any further notice to the plaintiff or applicant or to any other party.
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If the plaintiff or applicant files a written submission that complies with paragraph 2, the court may direct the registrar to give a copy of the submission to any other party.
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A party who receives a copy of the plaintiff’s or applicant’s submission may, within 10 days after receiving the copy, file with the court a written submission, no more than 10 pages in length, responding to the plaintiff’s or applicant’s submission, and shall give a copy of the responding submission to the plaintiff or applicant and, on the request of any other party, to that party.
(4) A document required under subrule (3) to be given to a party shall be mailed in the manner described in subclause 16.01 (4) (b) (i), and is deemed to have been received on the fifth day after it is mailed.
Copy of Order
(5) The registrar shall serve a copy of the order by mail on the plaintiff or applicant as soon as possible after the order is made.
Request for Order
(6) Any party to the proceeding may file with the registrar a written request for an order under subrule (1).
Notification of Court by Registrar
(7) If the registrar becomes aware that a proceeding could be the subject of an order under subrule (1), the registrar shall notify the court.
STAY, DISMISSAL OF FRIVOLOUS, VEXATIOUS, ABUSIVE MOTION
Order to Stay, Dismiss Motion
2.1.02 (1) The court may, on its own initiative, stay or dismiss a motion if the motion appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.
(2) Subrules 2.1.01 (2) to (7) apply, with necessary modifications, to the making of an order under subrule (1) and, for the purpose,
(a) a reference to the proceeding shall be read as a reference to the motion; and
(b) a reference to the plaintiff or applicant shall be read as a reference to the moving party. O. Reg. 43/14, s. 1.
Prohibition on Further Motions
(3) On making an order under subrule (1), the court may also make an order under rule 37.16 prohibiting the moving party from making further motions in a proceeding without leave.
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STAY, DISMISSAL OF PROCEEDING IF NO LEAVE UNDER
Order for Stay, Dismissal
2.1.03 (1) If the court determines that a person who is subject to an order under subsection 140 (1) of the Courts of Justice Act has instituted or continued a proceeding without the order having been rescinded or leave granted for the proceeding to be instituted or continued, the court shall make an order staying or dismissing the proceeding.
Request for Order
(2) Any party to the proceeding may file with the registrar a written request for an order under subrule (1).
Copy of Order
(3) An order under subrule (1) may be made without notice, but the registrar shall serve a copy of the order by mail on every party to the proceeding for whom an address is provided in the originating process as soon as possible after the order is made.
4.05 Issuing and Filing of Documents
Issuing Documents
4.05(1) A document may be issued on personal attendance in the court office by the party seeking to issue it or by someone on the party's behalf unless these rules provide otherwise.
RULE 38 APPLICATIONS — JURISDICTION AND PROCEDURE
38.03 Urgent application
(3.1) An urgent application may be set down for hearing on any day on which a judge is scheduled to hear applications, even if a lawyer estimates that the hearing is likely to be more than two hours long.
Rule 61.09 (2)
(2) If the appellant or the respondent believes that a part of the record or the original exhibits from the court or tribunal from which the appeal is taken is required for the proper hearing of the appeal, the appellant or respondent may move before a judge of the appellate court for an order that they be sent to the Registrar.
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Relief from Compliance
61.09(4) If it is necessary to do so in the interest of justice, a judge of the appellate court may give special directions and vary the rules governing the appeal book and compendium, the exhibit book, the transcript of evidence and the appellant’s factum.
RULE 68 PROCEEDINGS FOR JUDICIAL REVIEW
HOW COMMENCED
68.01 (1) An application to the Divisional Court or to the Superior Court of Justice for judicial review under the Judicial Review Procedure Act shall be commenced by notice of application, and where the application is to the Divisional Court the notice of application shall be in Form 68A.
68.01(2) If the application is made to the Divisional Court and is not commenced at a regional centre, the local registrar in the place where it is commenced shall forthwith transfer a copy of the notice of application and of any material filed in support of the application to the court office in the regional centre of the region where the application is to be heard, and all further documents in the application shall be filed there.
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Courts of Justice Act R.S.O. 1990, c. C.43 (CJA)
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6(1) Court of Appeal jurisdiction
An appeal lies to the Court of Appeal from, (b) a final order of a judge of the Superior Court of Justice, except an order referred to in clause 19(1)(a) or an order from which an appeal lies to the Divisional Court under another Act;
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6(2) Combining of appeals from other courts
The Court of Appeal has jurisdiction to hear and determine an appeal that lies to the Divisional Court or the Superior Court of Justice if an appeal in the same proceeding lies to and is taken to the Court of Appeal.
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6(3) Same
(3) The Court of Appeal may, on motion, transfer an appeal that has already been commenced in the Divisional Court or the Superior Court of Justice to the Court of Appeal for the purpose of subsection (2).
(5) A panel of the Court of Appeal may, on motion, set aside or vary the decision of a judge who hears and determines a motion.
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Common Law and Equity
Rules of law and equity
96 (1) Courts shall administer concurrently all rules of equity and the common law.
Rules of equity to prevail
(2) Where a rule of equity conflicts with a rule of the common law, the rule of equity prevails.
Jurisdiction for equitable relief
(3) Only the Court of Appeal and the Superior Court of Justice, exclusive of the Small Claims Court, may grant equitable relief, unless otherwise provided.
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134. (1) Powers on appeal
Unless otherwise provided, a court to which an appeal is taken may,
(a) make any order or decision that ought to or could have been made by the court or tribunal appealed from;
(b) order a new trial;
(c) make any other order or decision that is considered just.
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134(2) Interim orders
On motion, a court to which a motion for leave to appeal is made or to which an appeal is taken may make any interim order that is considered just to prevent prejudice to a party pending the appeal.
134(3) Power to quash
On motion, a court to which an appeal is taken may, in a proper case, quash the appeal.
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134(4) Determination of fact
Unless otherwise provided, a court to which an appeal is taken may, in a proper case,
(a) draw inferences of fact from the evidence, except that no inference shall be drawn that is inconsistent with a finding that has not been set aside;
(b) receive further evidence by affidavit, transcript of oral examination, oral examination before the court or in such other manner as the court directs; and
(c) direct a reference or the trial of an issue, to enable the court to determine the appeal.
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134(5) Scope of decisions
The powers conferred by this section may be exercised even if the appeal is as to part only of an order or decision, and may be exercised in favour of a party even though the party did not appeal.
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134(6) New trial
A court to which an appeal is taken shall not direct a new trial unless some substantial wrong or miscarriage of justice has occurred.
134(7) Same
Where some substantial wrong or miscarriage of justice has occurred but it affects only part of an order or decision or some of the parties, a new trial may be ordered in respect of only that part or those parties.
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136 Prohibition against photography, etc., at court hearing
(1) Subject to subsections (2) and (3), no person shall,
(a) take or attempt to take a photograph, motion picture, audio recording or other record capable of producing visual or aural representations by electronic means or otherwise,
(i) at a court hearing,
(ii) of any person entering or leaving the room in which a court hearing is to be or has been convened, or
(iii) of any person in the building in which a court hearing is to be or has been convened where there is reasonable ground for believing that the person is there for the purpose of attending or leaving the hearing;
(b) publish, broadcast, reproduce or otherwise disseminate a photograph, motion picture, audio recording or record taken in contravention of clause (a); or
(c) broadcast or reproduce an audio recording made as described in clause (2) (b). R.S.O. 1990, c. C.43, s. 136 (1).Exceptions
(2) Nothing in subsection (1),
(a) prohibits a person from unobtrusively making handwritten notes or sketches at a court hearing; or
(b) prohibits a lawyer, a party acting in person or a journalist from unobtrusively making an audio recording at a court hearing, in the manner that has been approved by the judge, for the sole purpose of supplementing or replacing handwritten notes. R.S.O. 1990, c. C.43, s. 136 (2); 1996, c. 25, s. 1 (22)
Exceptions
(3) Subsection (1) does not apply to a photograph, motion picture, audio recording or record made with authorization of the judge,
(a) where required for the presentation of evidence or the making of a record or for any other purpose of the court hearing;
(b) in connection with any investitive, naturalization, ceremonial or other similar proceeding; or
(c) with the consent of the parties and witnesses, for such educational or instructional purposes as the judge approves.
Offence
(4) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than six months, or to both.
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137.1 Dismissal of proceeding that limits debate
137.1(1) Purposes
The purposes of this section and sections 137.2 to 137.5 are,
(a) to encourage individuals to express themselves on matters of public interest;
(b) to promote broad participation in debates on matters of public interest;
(c) to discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and
(d) to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action.
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137.1(2) Definition, "expression"
In this section, "expression" means any communication, regardless of whether it is made verbally or non-verbally, whether it is made publicly or privately, and whether or not it is directed at a person or entity.
137.1(3) Order to dismiss
On motion by a person against whom a proceeding is brought, a judge shall, subject to subsection (4), dismiss the proceeding against the person if the person satisfies the judge that the proceeding arises from an expression made by the person that relates to a matter of public interest.
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137.1(4) No dismissal
A judge shall not dismiss a proceeding under subsection (3) if the responding party satisfies the judge that,
(a) there are grounds to believe that,
(i) the proceeding has substantial merit, and
(ii) the moving party has no valid defence in the proceeding; and
(b) the harm likely to be or have been suffered by the responding party as a result of the moving party's expression is sufficiently serious that the public interest in permitting the proceeding to continue outweighs the public interest in protecting that expression.
137.1(5) No further steps in proceeding
Once a motion under this section is made, no further steps may be taken in the proceeding by any party until the motion, including any appeal of the motion, has been finally disposed of.
137.1(6) No amendment to pleadings
Unless a judge orders otherwise, the responding party shall not be permitted to amend his or her pleadings in the proceeding,
(a) in order to prevent or avoid an order under this section dismissing the proceeding; or
(b) if the proceeding is dismissed under this section, in order to continue the proceeding.
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137.1(7) Costs on dismissal
If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances.
137.1(8) Costs if motion to dismiss denied
If a judge does not dismiss a proceeding under this section, the responding party is not entitled to costs on the motion, unless the judge determines that such an award is appropriate in the circumstances.
137.1(9) Damages
If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate.
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137.2 Procedural matters
137.2(1) Commencement
A motion to dismiss a proceeding under section 137.1 shall be made in accordance with the rules of court, subject to the rules set out in this section, and may be made at any time after the proceeding has commenced.
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137.2(2) Motion to be heard within 60 days
A motion under section 137.1 shall be heard no later than 60 days after notice of the motion is filed with the court.
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137.2(3) Hearing date to be obtained in advance
The moving party shall obtain the hearing date for the motion from the court before notice of the motion is served.
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137.2(4) Limit on cross-examinations
Subject to subsection (5), cross-examination on any documentary evidence filed by the parties shall not exceed a total of seven hours for all plaintiffs in the proceeding and seven hours for all defendants.
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137.2(5) Same, extension of time
A judge may extend the time permitted for cross-examination on documentary evidence if it is necessary to do so in the interests of justice.
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137.3 Appeal to be heard as soon as practicable
An appeal of an order under section 137.1 shall be heard as soon as practicable after the appellant perfects the appeal.
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137.4(1) Stay of related tribunal proceeding
If the responding party has begun a proceeding before a tribunal, within the meaning of the Statutory Powers Procedure Act, and the moving party believes that the proceeding relates to the same matter of public interest that the moving party alleges is the basis of the proceeding that is the subject of his or her motion under section 137.1, the moving party may file with the tribunal a copy of the notice of the motion that was filed with the court and, on its filing, the tribunal proceeding is deemed to have been stayed by the tribunal.
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137.4(2) Notice
The tribunal shall give to each party to a tribunal proceeding stayed under subsection (1),
(a) notice of the stay; and
(b) a copy of the notice of motion that was filed with the tribunal.
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137.4(3) Duration
A stay of a tribunal proceeding under subsection (1) remains in effect until the motion, including any appeal of the motion, has been finally disposed of, subject to subsection (4).
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137.4(4) Stay may be lifted
A judge may, on motion, order that the stay is lifted at an earlier time if, in his or her opinion,
(a) the stay is causing or would likely cause undue hardship to a party to the tribunal proceeding; or
(b) the proceeding that is the subject of the motion under section 137.1 and the tribunal proceeding that was stayed under subsection (1) are not sufficiently related to warrant the stay.
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137.4(5) Same
A motion under subsection (4) shall be brought before a judge of the Superior Court of Justice or, if the decision made on the motion under section 137.1 is under appeal, a judge of the Court of Appeal.
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137.4(6) Statutory Powers Procedure Act
This section applies despite anything to the contrary in the Statutory Powers Procedure Act.
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Criminal Code
366(1) Forgery
Every one commits forgery who makes a false document, knowing it to be false, with intent
(a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not, or
(b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.
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366(2) Making false document
Making a false document includes
(a) altering a genuine document in any material part;
(b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or
(c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.
367. Punishment for forgery
Every one who commits forgery
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
368(1) Use, trafficking or possession of forged document
Everyone commits an offence who, knowing or believing that a document is forged,
(a) uses, deals with or acts on it as if it were genuine;
(b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine;
(c) transfers, sells or offers to sell it or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or
(d) possesses it with intent to commit an offence under any of paragraphs (a) to (c).
368(1.1) Punishment
Everyone who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) is guilty of an offence punishable on summary conviction.
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Practice Direction Concerning Civil Appeals at the Court of Appeal for Ontario
7.2.5: Motion to Quash
2. A motion to quash an appeal based on an argument that the appeal is devoid of merit is heard together with the appeal because the court must consider the merits of the appeal in deciding the motion.
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17. DIGITAL AUDIO RECORDINGS
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The Court of Appeal is not a “court of record”. Its oral hearings are not monitored or transcribed as a matter of routine. However, the Court of Appeal records all hearings that are held in open court through the use of digital audio recording. Unless a judge orders otherwise, a copy of a digital audio recording is available upon request, provided that the proceedings are not subject to a statutory publication ban or other court order that prevents the release of the digital audio recording.
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Requests for access to digital audio recordings should be made in the Registrar’s Office and are subject to payment of the prescribed fee, unless a fee waiver certificate is produced. Such recordings are for personal use, and will not be released unless the person requesting the recording signs an undertaking agreeing to respect the limits on the permitted uses of the recording.
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If a person wishes to have a transcript of a hearing made, he or she must first bring a motion for permission to do so before a single judge. Once the order is obtained, the person may have the recording transcribed at her or her own expense
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The publication, broadcasting, reproduction or other dissemination of an audio recording of a court hearing is prohibited unless expressly authorized by a court order.
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Collective Agreement​
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Article 1: Definitions
1.01 Continuing Education Program - means a continuing education course or class established in accordance with the Act and its accompanying regulations that requires that the course or class be taught by a teacher.
1.02 Continuing Education Teacher - means a teacher, as defined in Article 1, employed to teach a continuing education course or class established in accordance with the Act and its accompanying regulations for which membership of the teacher in the Ontario College of Teachers is required.
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1.03 Final Signing - shall mean the date on which the last party has signed the Agreement following approval by the Board and ratification by the teachers.
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Article 6: Grievance and Arbitration
6.01 It is the mutual desire of the Board and O.E.C.T.A. that all complaints and grievances shall be adjusted as quickly as possible.
Teacher Grievance
6.02 A teacher grievance under this Agreement shall be defined as any difference or dispute between the Board and any teacher which relates to the interpretations, application or administration of this Agreement.
Unit Executive Grievance
6.03 A Unit Executive Grievance is defined as a difference or dispute of this Agreement which concerns a number or all of the teachers relating to the interpretation, application or administration of this Agreement.
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Teacher Grievances
6.04 The following procedure shall be adhered to in processing grievances:
Step I:
(a) In the event of a grievance by any teaching employee he or she shall take the matter up with the Board within and not after thirty (30) working days, after the teacher became aware or ought to have become aware of the incident or circumstances giving rise to the grievance.
(b) The teacher shall take the matter up with the Executive Officer of Human Resources Services or designate by submitting a concise statement of the facts complained of and the redress sought and asking for a meeting with the Executive Officer of Human Resources Services or designate to discuss the matter.
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(c) The Executive Officer of Human Resources Services or designate shall arrange such meeting within seven (7) working days of receipt of the letter of grievance and shall give his/her decision or answer to the grievance within seven (7) working days after the meeting. The answer shall be in writing.
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(d) A teacher may, if he or she wishes, be accompanied to the meeting with the Executive Officer of Human Resources Services or designate by a member of the O.E.C.T.A. Executive. If a satisfactory settlement is not reached under Step I, the teacher may within seven (7) working days of the decision in Step I take the grievance up with the Director of Education by application in writing to that official.
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Step II:
6.05 (a) The teacher shall take the matter up with the Director of Education by submitting a concise statement of the facts complained of and the redress sought and asking for a meeting with the Director of Education to discuss the matter.
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(b) The Director of Education shall arrange such meeting within seven (7) working days of receipt of the letter of grievance.
(c) A teacher may, if he or she wishes, be accompanied to the meeting with the Director of Education, by a member of the O.E.C.T.A. Executive.
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(d) Within seven (7) working days of such meeting, the Director of Education shall forward the decision on the matter in writing to the O.E.C.T.A. Unit President and to the teacher. If the grievance remains unresolved after Step II, the teacher may take the matter to the Unit Executive for their consideration with respect to Arbitration.
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Unit Executive Grievances
6.06 (a) In the event of a Unit Executive grievance, the President shall take the matter up with the Director of Education within, and not after forty-five (45) days from the time the executive became aware of the incident or circumstances giving rise to the grievance.
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(b) The President of the O.E.C.T.A. Unit shall take up the matter with the Director of Education by submitting a concise statement of the facts complained of and the redress sought and asking for a meeting with the Director of Education to discuss the matter.
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(c) The Director of Education shall within seven (7) working days of receipt of the application arrange a meeting to consider the grievance.
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(d) The President may, if he/she wishes, be accompanied to the meeting with the Director of Education, by a member of the O.E.C.T.A. Executive.
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(e) Within seven (7) working days of such meeting, the Director of Education shall forward his/her decision on the matter in writing to the O.E.C.T.A. Unit President.
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Arbitration
6.07 (a) If a grievance is not settled under 6.04, 6.05 or 6.06 the Unit Executive of O.E.C.T.A. may within ten (10) working days of receipt of the Director of Education's letter, refer the grievance to a Board of Arbitration.
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(b) The Board of Arbitration shall be composed of a single arbitrator. The arbitrator shall be jointly chosen by the O.E.C.T.A. Unit Executive and the Board.
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(c) The decision of the Arbitration Board shall be binding to both parties.
(d) Each party shall share equally the cost of the Arbitration Board.
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(e) The Arbitration Board shall limit its actions to an interpretation of this Agreement and its application and administration and shall not change its provisions, or substitute any new provisions.
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(f) If either party to this Agreement fails to agree on the appointment within fifteen (15) working days, the appointment shall be made by the Minister of Labour upon the written request of either party.
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Expedited Arbitration
6.08 (a) Notwithstanding the procedure above, either party may request access to expedited arbitration under Section 49 of the Ontario Labour Relations Act, 1995.
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(b) No such request in clause 6.08(a) shall be made beyond the time limits to refer the grievance to arbitration.
Extension of Time Limits
6.09 At any stage of the grievance procedure, the limits imposed upon either party may be extended, in writing, by mutual agreement of all parties.
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Statement of Principles on Self-Represented Litigants
“Judges have a discretionary obligation to provide appropriate information and assistance to an unrepresented litigant” and “a heightened responsibility to ensure substantive legal tests or conditions are met.”
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The Supreme Court of Canada unanimously stated in Pintea v. Johns, 2017 SCC 23:
[4] We would add that we endorse the Statement of Principles on Self-represented Litigants and Accused Persons (2006) (online) established by the Canadian Judicial Council.
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The Statement of Principles on Self-represented Litigants and Accused Persons (2006) (online) established by the Canadian Judicial Council states:
Access to justice for those who represent themselves requires that all aspects of the court process be open, transparent, clearly defined, simple, convenient and accommodating.
A. To promote rights of access:
Access to justice for those who represent themselves requires that all aspects of the court process be open, transparent, clearly defined, simple, convenient and accommodating.
B. To promote equal justice
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Judges and court administrators should do whatever is possible to provide a fair and impartial process and prevent an unfair disadvantage to self-represented persons.
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Self-represented persons should not be denied relief on the basis of a minor or easily rectified deficiency in their case.
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Where appropriate, a judge should consider engaging in such case management activities as are required to protect the rights and interests of self-represented persons. Such case management should begin as early in the court process as possible.
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Depending on the circumstances and nature of the case, the presiding judge may:
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may explain the process;
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inquire whether both parties understand the process and the procedure;
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make referrals to agencies able to assist the litigant in the preparation of the case;
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provide information about the law and evidentiary requirements;
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modify the traditional order of taking evidence; and
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question witnesses.
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C. Responsibilities of the participants in the justice system – both justices and court administrators
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Judges and court administrators should meet the needs of self-represented persons for information, referral, simplicity and assistance.
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Forms, rules and procedures should be developed which are understandable to and easily accessed by self-represented persons.
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To the extent possible, judges and court administrators should develop packages for self-represented persons and standardized court forms.
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Judges and court administrators have no obligation to assist a self-represented person who is disrespectful, frivolous, unreasonable, vexatious, abusive, or making no reasonable effort to prepare their own case.
For the Judiciary
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Judges have a responsibility to inquire whether self-represented persons are aware of their procedural options, and to direct them to available information if they are not. Depending on the circumstances and nature of the case, judges may explain the relevant law in the case and its implications, before the self-represented person makes critical choices.
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In appropriate circumstances, judges should consider providing self-represented persons with information to assist them in understanding and asserting their rights, or to raise arguments before the court.
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Judges should ensure that procedural and evidentiary rules are not used to unjustly hinder the legal interests of self-represented persons.
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The judiciary should engage in dialogues with legal professional associations, court administrators, government and legal aid organizations in an effort to design and provide for programs to assist self-represented persons.
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Canadian Code of Conduct for Trial Lawyers Involved in Civil Actions Involving Unrepresented Litigants
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9. No Imposition of Undue Disadvantage on the Unrepresented Litigant
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A trial lawyer must not attempt to derive benefit for his or her client at trial with an unrepresented litigant from the fact that the litigant is unrepresented, and a trial lawyer should avoid imposing unnecessary disadvantage, hardship, or confusion on the unrepresented litigant.
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A trial lawyer should be aware of his or her duty to the court in considering reasonable requests for adjournments or waivers of procedural formalities when there is no real prejudice to the rights or interests of the client.
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A trial lawyer has an obligation not to set traps which could not be reasonably anticipated by an unrepresented litigant and which would have the effect of eliminating or diminishing the unrepresented litigant’s rights. There is no obligation, however, to provide an unrepresented litigant with additional indulgences over those that would be given to a represented party.
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A trial lawyer is entitled to raise proper and legitimate technical and procedural objections but should not take advantage of technical deficiencies in the pleadings, procedural steps, or presentation of the case against an unrepresented party that do not go to the merits of the case or the legitimate rights and interests of the client.
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The Law Society of Upper Canada Code of Professional Conduct
Chapter 2
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Integrity
2.1.1. A lawyer has a duty to carry on the practice of law and discharge all responsibilities to clients[1], tribunals, the public and other members of the profession honourably and with integrity[2].
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Honesty and Candour
3.2-2 When advising clients, a lawyer shall be honest and candid.
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Dishonesty, Fraud, etc. by Client or Others
3.2-7 A lawyer shall not knowingly assist in or encourage any dishonesty, fraud, crime, or illegal conduct or instruct a client or any other person on how to violate the law and avoid punishment. [Amended - October 2014]
3.2-7.1 A lawyer shall not act or do anything or omit to do anything in circumstances where he or she ought to know that, by acting, doing the thing or omitting to do the thing, he or she is being used by a client, by a person associated with a client or by any other person to facilitate dishonesty, fraud, crime or illegal conduct. [New - April 2012]
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Dishonesty, Fraud, etc. when Client an Organization
3.2-8 A lawyer who is employed or retained by an organization to act in a matter in which the lawyer knows that the organization has acted, is acting or intends to act dishonestly, fraudulently, criminally or illegally, shall do the following, in addition to their obligations under rule 3.2-7:
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advise the person from whom the lawyer takes instructions and the chief legal officer, or both the chief legal officer and the chief executive officer, that the conduct is, was or would be dishonest, fraudulent, criminal, or illegal and should be stopped;
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if necessary because the person from whom the lawyer takes instructions, the chief legal officer or the chief executive officer refuses to cause the conduct to be stopped, advise progressively the next highest persons or groups, including ultimately, the board of directors, the board of trustees, or the appropriate committee of the board, that the conduct was, is or would be dishonest, fraudulent, criminal, or illegal and should be stopped; and
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if the organization, despite the lawyer's advice, continues with or intends to pursue the wrongful conduct, withdraw from acting in the matter in accordance with rules in Section 3.7.
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Incriminating Physical Evidence
5.1-2 A lawyer shall not counsel or participate in the concealment, destruction or alteration of incriminating physical evidence or otherwise act so as to obstruct or attempt to obstruct the course of justice.
5.1-2 When acting as an advocate, a lawyer shall not
(e) knowingly attempt to deceive a tribunal or influence the course of justice by offering false evidence, misstating facts or law, presenting or relying upon a false or deceptive affidavit, suppressing what ought to be disclosed, or otherwise assisting in any fraud, crime, or illegal conduct,
(f) Knowingly misstate the contents of a document, the testimony of a witness, the substance of an argument, or the provisions of a statute or like authority,
(g) Knowingly assert as true a fact when its truth cannot reasonably be supported by the evidence or as a matter of which notice may be taken by the tribunal,
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The Lawyer as Witness Submission of Evidence[3]
5.2-1 A lawyer who appears as advocate shall not testify or submit their own affidavit evidence before the tribunal unless
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permitted to do so by law, the tribunal, the rules of court or the rules of procedure of the tribunal, or
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the matter is purely formal or uncontroverted. [Amended - October 2014]
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[1] For greater clarity, a client does not include a near-client, such as an affiliated entity, director, shareholder, employee or family member, unless there is objective evidence to demonstrate that such an individual had a reasonable expectation that a lawyer-client relationship would be established
[2] Integrity is the fundamental quality of any person who seeks to practise as a member of the legal profession. If a client has any doubt about their lawyer's trustworthiness, the essential element in the true lawyer-client relationship will be missing. If integrity is lacking, the lawyer's usefulness to the client and reputation within the profession will be destroyed, regardless of how competent the lawyer may be.
[3] Commentary: [1] A lawyer should not express personal opinions or beliefs or assert as a fact anything that is properly subject to legal proof, cross-examination, or challenge. The lawyer should not in effect appear as an unsworn witness or put the lawyer's own credibility in issue. The lawyer who is a necessary witness should testify and entrust the conduct of the case to another lawyer. There are no restrictions on the advocate's right to cross-examine another lawyer, however, and the lawyer who does appear as a witness should not expect to receive special treatment because of professional status.
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The Canadian Bar Association Code of Professional Conduct under "Impartiality and Conflict of Interest":
11. A lawyer who has acted for a client in a matter should not thereafter act against him (or against persons who were involved in or associated with him in that matter) in the same or any related matter, or place himself in a position where he might be tempted or appear to be tempted to breach the Rule relating to Confidential Information. ...
12. For the sake of clarity the foregoing paragraphs are expressed in terms of the individual lawyer and his client. However it will be appreciated that the term "client" includes a client of the law firm of which the lawyer is a partner or associate whether or not he handles the client's work. [Emphasis added.]
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Thomas J. in Henson v. Ontario Hydro Corp. 1995 CarswellOnt 1026 writes:
70 It is also fundamental that a lawyer who has acted for an individual in a matter should not thereafter act against her in the same or any related matter.
71 Although the Union was undoubtedly responsible for the fees of the Law Firm, and the Union could "call the shots" in the grievance process, it is my view that a reasonable person would conclude that the Law Firm was representing Henson in processing her grievance through the vehicle of the Union.
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