CIVIL PROCEDURE - Proceedings taken in wrong court or wrong procedure used - Vexatious litigants

Law360 Canada ( May 20, 2022, 6:01 AM EDT) -- Appeal by Ledsham from the decision that granted a requested enforcement order against him. The respondent represented pilots employed by Air Canada and Air Canada Rogue. The appellant Ledsham was a member of the respondent and was one of eleven elected members of the applicant’s “Master Elected Council”, the highest governing body of the respondent. Misdemeanour charges were brought against the appellant by the respondent. The Arbitrator found the appellant in breach of several provisions of the respondent’s constitution and granted various remedies, including expulsion from membership in the respondent. The respondent alleged that the appellant engaged in further misconduct and applied to the Arbitrator for enforcement of the expulsion order and ancillary relief, which the Arbitrator granted. The appellant did not appeal or seek judicial review of the Arbitrator’s decisions. The respondent applied to the Superior Court of Justice to enforce the Arbitrator’s decisions. The application judge found that none of the circumstances described in s. 27(3) of the Arbitrations Act applied, and therefore she was required to grant the requested enforcement order. The appellant appealed this decision to the Divisional Court....
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