Barrister and Solicitor
Legal Writing and Research
Administrative Law (Ontario)(SPPA)
(01 January 2015)
Chapter 20 - Tribunal Rule-Making Authority:
Summary Dismissal for Cause
An SPPA-governed tribunal may make rules under s.25.1 regarding summary dismissal of proceedings for cause. Grounds for such summary dismissal may include [SPPA s.4.6(1)(6)]:
These grounds are closely related to the 'abuse of process' jurisdiction granted to tribunals under SPPA s.23(1). That authority is discussed in more detail in Ch.10, s.5 ["Abuse of Process"].
- the proceeding is frivolous, vexatious or is commenced in bad faith;
- the subject-matter of the proceeding is beyond the jurisdiction of the tribunal; or
- some statutory prerequisite for bringing the proceeding has not been met.
The rules shall include provisions for notice to the party of a tribunal's intention to summarily dismiss the proceeding, the right to make submissions on the issue by the party, and the time within which submissions must be made [SPPA s.4.6(6)]. No summary dismissal may be made until notice has been given and any filed responding submissions have been considered [SPPA s.4.6(5)].
Where the reason given for dismissal is lack of jurisdiction, notice of the intention to summarily dismiss shall be given to all parties but if it is based on any of the other grounds it shall only be given to the party that commenced the proceeding [SPPA s.4.6(2)]. The Notice shall set out the reasons for the intended summary dismissal "and inform the parties of their right to make written submissions to the tribunal with respect to the dismissal within the time specified in the notice" [SPPA s.4.6(3)]. The party served may then make submissions within the timeline stated in the Notice [SPPA s.4.6(4)].
This s.25.1 rule-making authority does not override or diminish any similar authority to summarily dismiss a proceeding for cause that a tribunal may have from any other Act in force on 14 February 2000 [SPPA s.4.6(7)]. This is a "grandparenting" clause, preserving pre-existing powers, but asserting the dominance of newer s.25.1 SPPA-made powers if and when those older powers are repealed.