The College contends that the words “trivial, frivolous, and vexatious” are terms of art that, for purposes of administrative law, provide the ability to screen out unmeritorious complaints on the basis that they are frivolous, vexatious or made in bad faith. The College refers to McLean v. Ontario (Human Rights Commission), [2006] O.J. No. 1216 wherein the human rights tribunal had the power to screen out unmeritorious complaints on this basis. The Commission there reached that conclusion because of its view that the “complainant failed to establish a reasonable basis upon which it can be maintained and therefore it can be characterized as vexatious”.
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