Abuse of process

There has been an increase in the number of files deemed by the Executive Director to be an abuse of the complaints process or "clearly irrational," pursuant to the Complaints Procedures. In this reporting period (to 21 March 2013), 34 such letters were sent as compared to 28 in 2011-12, 8 in 2010-11 and 9 in 2009-10.


Examples:

In addition to placing numerous telephone calls to Council, an individual wrote to Council in 2003, 2004, 2005, 2010, 2011 and 2012 regarding his concerns about a disputed land ownership matter. Common to all of these letters was his vague allegations of fraud and conspiracy on the part of various lawyers and judges. In responding we reminded the writer of our numerous previous attempts to explain to him the mandate of Council noting that Council is not a court and cannot intervene in the judicial process or review court decisions and orders. Along with his letter, this individual also enclosed numerous bound documents consisting of Applications for Leave to Appeal and various other Notice of Motions, Factum and transcripts. It was unclear what he wanted Council to do with these documents. In light of our history of exchanges, Council's numerous attempts to clarify our mandate and the writer's continual submission of court documents without any credible or clear complaint, we advised the individual that his correspondence constituted an abuse of the complaints process and that we would be taken no action.