High Court, in proceedings in respect of which an Isaac Wunder Order is in place limiting the Applicant's ability to bring further proceedings without leave of the Court, refuses to grant leave for the Applicant to proceed to seek leave in judicial review proceedings, on the basis that this application would constitute a breach of the Minister's, and the school board's, rights to finality to legal proceedings protected under the Constitution.
Judicial review proceedings - application for leave of court to issue proceedings - Issac Wunder Order in place - second application before court - court previously considered a leave application 4 months prior - application has since been heard by Court of Appeal - and refused leave to appeal by Supreme Court - applicant made complaint of sexual harassment against student in her school to employer - employer is a board - Board notified applicant that it wished to conduct risk assessment - she was excused from her duties for her safety - applicant now seeks to challenge earlier judgment of HC - and in this application to argue unfairness in process adopted by Court - applicant argues she was not afforded several opportunities - she denies finding of HC that she withdrew her sexual harassment complaint - court finds applicant has not identified any material displaying breach of rights - that she had multiple hearings before HC - having regard to background to litigation, reliefs must be refused - court satisfied applicant is bringing applications which regard issues already determined - they were brought even where it was obvious they cannot succeed - no reasonable person could get the obtain sought - court would have refused application for leave for judicial review - court satisfied application would constitute breach of Ministers and Boards constitutional rights - application lacks merit - application refused.