Initial Court Decision: Federal Court struck out Rebello's action as having no reasonable prospect of success, being frivolous and vexatious due to insufficient factual material.
Appeal Filed: Rebello appealed against this decision.
Appellant's Claims
Allegations: Rebello claimed damages of $200,000,000 (later suggested to be $2,000,000) in general and $100,000,000 (later $1,000,000) in punitive damages.
Grounds: Alleged various torts and breaches by Ontario Crown actors and federally appointed Superior Court justices, implicating respondents due to their financial support of these actors.
Charter Rights Violation: Claimed breach of her rights under sections 7, 8, 12, and 15 of the Canadian Charter of Rights and Freedoms.
Court Proceedings
Respondents' Motion: Sought to strike Rebello's claim entirely.
Federal Court's Rationale: Concluded the claim disclosed no reasonable cause of action; it was vague with no specific factual support.
Videoconference Issues: Rebello struggled to join the hearing due to technical issues; this was not accommodated, raising procedural fairness concerns.
Appeal Court's Findings
Procedural Fairness: Acknowledged the failure to accommodate Rebello's participation was concerning. However, it did not justify setting aside the order.
Pleading’s Merits: Upheld the Federal Court’s decision that the pleading was deficient in material facts and legal basis, making it incurably deficient.
Liability of Federal Crown: Determined that provincial public officials and federally appointed provincial judges are not agents of the Federal Crown; thus, their conduct doesn't engage federal liability.
Funding and Resource Allocations: Noted that these do not establish a duty of care or sufficient proximity for a lawsuit.
Conclusion
Appeal Outcome: Dismissed due to the inevitable outcome of the motion to strike the Statement of Claim.
Costs: No costs awarded on appeal due to the fairness concerns raised.
