Brad Callaghan

Following the dismissal of the appellant's appeal, the parties initially agreed not to seek costs.

However, the self-represented appellant breached this agreement by filing costs submissions and seeking costs in his favour.

Consequently, the successful respondents sought and were awarded their costs on a partial indemnity scale, fixed at $5,000 for the University of Ottawa defendants and $1,000 for Dr. Weitzman.

The self-represented appellant appealed a Superior Court order striking his statement of claim without leave to amend.

The respondents moved to dismiss the appeal on grounds of lack of jurisdiction, delay, and being frivolous and vexatious.

The Divisional Court dismissed the appeal, finding it lacked jurisdiction because the claim exceeded $50,000, the appellant failed to perfect the appeal on time, and the appeal was entirely without merit and an abuse of process.

The court also declared the appellant a vexatious litigant, prohibiting further proceedings without leave.