2017 ONSC 7094, 2017 ONSC 7094

CITATION : Chowdhury v. Toronto Police Services Board, 2017 ONSC 7094 DIVISIONAL COURT FILE NO.: 467/16 DATE: 2017/11/27 SUPERIOR COURT OF JUSTICE – ONTARIO DIVISIONAL COURT RE: MD AHASANULLAH CHOWDHURY, Applicant AND: toronto police services board , Respondent BEFORE: KITELEY J. COUNSEL: Md Ahasanullah Chowdhury, acting in person Michael J. Sims , for the Respondent William S. Challis , for The Information and Privacy Commissioner of Ontario HEARD at Toronto: November 27, 2017 ENDORSEMENT [ 1 ] On August 14, 2017, Nordheimer J. heard the motion by the IPCO and made an order that the record of proceedings contain an index listing certain private records at

Schedule “A” and certain public records at

Schedule “B” along with an undertaking by TPSB at

Schedule “C”. Mr. Chowdury refused to approve the draft order and as result there was an attendance before the Registrar on October 11, 2017 and the Registrar signed the order pursuant to Rule 59.04(10). [ 2 ] Mr. Chowdury brought this motion for an order setting aside or varying the order of the Registrar. Although he asks to set aside or vary the entire order, in submissions, he said his objective is to get access to all of

Schedule “A” item 1. He is not satisfied with the excerpted document at

Schedule “B” item 8. [ 3 ] The order signed by the Registrar coincides with the Notice of Motion before the Court on August 14, 2017 and with the endorsement made by Nordheimer J. There is no legal basis to set aside or vary the order signed October 11, 2017. That disposes of paragraphs (

a) and (

b) of his notice of motion. [ 4 ] In this notice of motion, Mr. Chowdury asks for other orders in paragraphs (

c) to (g). I did not hear submissions from Mr. Chowdury on any of those requests. [ 5 ] On September 29, 2016, Mr. Chowdury started this application by seeking an order to quash the order of Commissioner Fadel. [ 6 ] On October 27, 2017, he issued a notice of constitutional question. In his notice of motion returnable today, at paragraph (g), he asks for a “declaration based on the Notice of Constitutional Question”. Mr. Chowdury is asking in his notice of Constitutional Question and in paragraphs (

c) to (

g) of his notice of motion for orders for which this motions court has no authority or jurisdiction. [ 7 ] After reading this endorsement, I heard submissions from TPSB on the request for costs of $500. Mr. Chowdury is opposed because he cannot pay. This is a motion for which there was no legal basis. Mr. Chowdhury must be ordered to pay modest costs. Order to go as follows: [ 8 ] The motion brought by Mr. Chowdury is dismissed. [ 9 ] Mr. Chowdury shall pay costs of $200.00 to Toronto Police Services Board which he shall pay before his notice of application is heard by the Divisional Court. _______________________________ KITELEY J.

Date: November 27, 2017