The defendants moved to dismiss an action seeking a declaration of ownership of a Toronto property and related damages, while also applying to have the respondent declared a vexatious litigant under s. 140(1) of the Courts of Justice Act.
The court reviewed decades of prior litigation involving the same parties and property, including multiple unsuccessful actions and appeals challenging a 1998 vesting order confirming ownership in the current purchasers.
The court held that the claims constituted re‑litigation of previously determined issues and were barred by issue estoppel, abuse of process, a missed court‑ordered deadline, and an expired limitation period under the Limitations Act, 2002.
Given the respondent’s persistent pattern of meritless proceedings, repeated appeals, harassment of opposing parties and counsel, and failure to pay costs, the court concluded that the statutory criteria for a vexatious litigant order were met.
