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ARTICLE · 21 OCTOBER 2024

Screening Of "Frivolous" Complaint Deemed Reasonable

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A recent decision of the Ontario Superior Court of Justice considers discretion to screen out complaints that cannot succeed prior to investigation.

CanadaLitigation, Mediation & Arbitration

A recent decision of the Ontario Superior Court of Justice considers discretion to screen out complaints that cannot succeed prior to investigation.

In Anwar v. Ontario (Independent Police Review Director), 2024 ONSC 3150, the Ontario Superior Court of Justice examined a decision of the Independent Police Review Director (the “Director”) to screen out a complaint prior to investigation. The complaint concerned accusations by Mr. Anwar that the Toronto Police Service had failed to adequately investigate his claims of unlawful surveillance and attacks upon him by the Canadian Security Intelligence Service. In a written decision issued by the Director, Mr. Anwar's complaint was found to lack “an air of reality” and deemed frivolous. The Director found that no further investigations were required as it concerned the police's investigations into his claims.

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