Does Section 86.2(2) of the Chief Justice have jurisdiction to ask the Master to comment on a complaint?
Ontario, Canada
The following excerpt is from Teitel v. Ontario (Attorney General), 2014 ONCA 893 (CanLII):
We do not agree that the Chief Justice erred or exceeded her jurisdiction by asking the Master for his comments on the complaint. Section 86.2(2) permits the Chief Justice to dismiss the complaint “without further investigation”. We do not agree that permission to dismiss without investigation means that the Chief Justice is precluded from asking the subject of the complaint to comment: see McDonald v. Ontario, (1999), 118 O.A.R. 1410, leave to appeal dismissed 1999 S.C.C.A. No. 309. Nor do we accept the submission that the Chief Justice was required to provide the appellant with an opportunity to comment on the Master’s response.
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