The defendant landlord moved to set aside a noting in default, strike the statement of claim as frivolous, vexatious and an abuse of process, and obtain a vexatious litigant order under s. 140 of the Courts of Justice Act.
The plaintiff alleged illegal entry, theft, and property damage in her rental unit, but similar allegations had previously been litigated before the Landlord and Tenant Board, Small Claims Court, and unsuccessfully pursued on appeal.
The court held that the present action constituted a collateral attack and impermissible re‑litigation of issues already determined.
The noting in default was set aside, the statement of claim was struck without leave to amend, and the plaintiff was declared a vexatious litigant with respect to future proceedings against the landlord without leave of the court.
