Bonum Certa Men Certa

Human Rights Tribunal of Ontario (HRTO) Does Not Wish to Become an Instrument of Cost-Free Harassment or 'Cheap Revenge', It Says "Justice is Not Free. Quite the Contrary. Justice is Expensive."

posted by Roy Schestowitz on Apr 15, 2024,
updated Apr 15, 2024

Human Rights Tribunal of Ontario (HRTO)

TODAY is Monday again, so we can devote some valuable minutes to the hateful militants who harass my wife and spread Iranian blood libel online, among other things...

We're not talking about people who are mentally sane. They're medically unfit (on drugs) and/or clinically insane and they're phoning people's employers whilst also forging postcodes to bypass laws [1, 2].

As we said last week: "There is also an open admission that a random (fake/forged) postcode had been entered to overcome "difficulties" in a form made for Canadians."

Being autistic does not make it "OK" to do this. We'll say more about that in the future.

Anyway, so someone put in some paperwork through a Gmail account to pretend there is a lawsuit (there's none). The HRTO can already see what's going on, as the HRTO is well aware of this frivolous filer (in the future we'll show past troubles associated with that), but the HRTO is probably reluctant to say what it really thinks as that would be construed as "transphobic" and "ableist".

The HRTO has real forms to look into, not ones with fake addresses in them, and it already explained where in stands on frivolous filers.

As recently as this year:

[10] As the Ontario Superior Court has recently recognized in Papouchine v. Touram LP d.b.a. Air Canada Vacations, 2022 ONSC 7010 at paragraphs 4-5 that the Tribunal has scarce resources and must manage its processes. [12] Due to the serious and integral nature of CMCCs in the Tribunal hearing management process and the Tribunal’s scarce resources, the Tribunal warned the applicant in the Notice that the Application may be dismissed as abandoned if they fail to attend the CMCC.

Going back to 2022, we find:

[4] Tribunals, like courts, are custodians of a scarce public resource: time before the tribunal. Meritorious complaints cannot proceed promptly if frivolous complaints clog the system and waste resources. Some tribunals, including the Tribunal, do not charge fees to initiate and pursue a complaint, and some do not order legal costs in favour of unsuccessful parties. These practices facilitate access to justice, but they may also create a false impression that justice is “free” and that there are no constraints on matters that may be brought forward for adjudication. [5] Justice is not free. Quite the contrary. Justice is expensive. To the extent that the cost of justice is not borne by the parties, it is borne by the public purse. Tribunals, like courts, are responsible for overseeing their own processes so that public resources are applied effectively to matters worthy of adjudication. To achieve this, tribunals, like courts, must control their own processes, including restraining vexatious conduct and abuse of process.

Also consider Statutory Powers Procedure Act, RSO 1990, Chapter S.22 which applies to proceedings before tribunals like the Human Rights Tribunal of Ontario (HRTO). Specifically, Section 48.01 reads as follows:

Costs
(1) Unless the tribunal orders otherwise, each party shall pay its own costs.
(2) The tribunal may award costs against a party or a representative in accordance with the provisions of a rule or a practice direction made under clause 60.1 (1) (a), and may specify the amount of costs or the manner in which the quantum of costs is to be determined.
(3) Without limiting the generality of subsection (2), the tribunal may award costs against a party or a representative if the party or the representative,
(a) engages in behaviour that is unnecessary, excessive or unreasonable;
(b) fails to reasonably cooperate in the scheduling of a conference or other step in the proceeding;
(c) fails to comply with an order, rule or practice direction of the tribunal;
(d) makes allegations or raises issues that are trivial, frivolous or vexatious; or
(e) fails to use his or her best efforts to dispose of the matter fairly, efficiently and expeditiously.

Long story short, there is no lawsuit, there is a just a hateful, lying idiot abusing "the system" (which this idiot rejects entirely). It is just yet another form of harassment, as we'll explain in the coming weeks.

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