3 total
Motion for leave to appeal dismissed with no costs awarded due to missing submissions.
The moving parties brought a motion for leave to appeal three decisions of the lower court judge.
The Divisional Court dismissed the motion for leave to appeal.
As the responding parties failed to upload costs submissions as required under the Consolidated Practice Direction, the court made no order as to costs.
The court summarily dismissed a former lawyer's malfeasance action as an abuse of process.
The court dismissed the plaintiff’s action as an abuse of process under rule 2.1.01(1) of the Rules of Civil Procedure.
The plaintiff, whose license to practice law was previously revoked for professional misconduct, commenced a new action against the Law Society of Ontario and its counsel, alleging malfeasance in public office.
The court found that the action was a continuation of previously litigated issues and exhibited hallmarks of vexatious litigation, including repeated attempts to re-litigate matters already decided and naming opposing counsel as defendants.
The court also held that the defendants’ conduct was protected by absolute privilege.
Tenant's appeal of LTB consent eviction order quashed as an abuse of process.
The landlord moved to quash the tenant's appeal of a Landlord and Tenant Board (LTB) eviction order.
The LTB order was made on consent, requiring the tenant to vacate the premises and pay rental arrears.
The tenant appealed, arguing procedural fairness issues regarding notice to other alleged tenants, and obtained an automatic stay of eviction.
The Divisional Court quashed the appeal, finding it was an abuse of process designed to delay eviction while rent remained unpaid.
The court also noted the tenant failed to seek the required leave to appeal a consent order under section 133 of the Courts of Justice Act.
