Hamza v Holland College

canada, canadian, case law, court opinion, canlii, pescad, 2026peca7, 2026 peca 7 (canlii), 2026, peca, 7, (canlii), s1-ca-1538, 2026, procedure, appeal, motion to strike statement of claim, abuse of process, appeal from striking of statement of claim, whether only abuse of process analysis was necessary, relitigation of issues determined by human rights commission, rule 21.01(3)(d) codifying inherent power, statement of claim struck, appeal dismissed, procedure, abuse of process, concurrent proceedings, human rights complaint, whether plaintiff can make the same complaint in a different venue, same issue dealt with by pei human rights commission and on judicial review, integrity of adjudicative process and finality, no one should be vexed twice, action dismissed as abuse of process, appeal dismissed, procedure, pleadings, reasonable cause of action, rule, based requirements, whether statement of claim provided a concise statement of material facts, form 14a used with no detail and attached pages from commission complaint, failure to assert rights recognised by law and no likelihood of success, motion to strike considered, appeal dismissed, administrative law, administrative tribunals, court of competent jurisdiction, charter issues, whether charter issues arising in a human rights act complaint must be decided by the human rights commission, martin and r. v. conway applied, avoidance of duplication and access to justice reasoning, stand, alone charter issues excluded, parallel court proceeding declined, appeal dismissed, procedure, vexatious proceedings, restraining order, further proceedings, whether plaintiff should be restrained from taking further proceedings arising out of the same subject matter, codified and inherent powers to prevent misuse of process, frivolous, vexatious or otherwise abuse of process framework, litigation duplication and fairness to respondent considered, restraint maintained, appeal dismissed