Constance M. Brothers

The appellant appealed an order of Justice Backhouse.

The Court of Appeal found that, assuming it had jurisdiction, the appeal was moot in light of a subsequent judgment by Justice Siegel, except for the issue of costs.

The Court found no basis to interfere with the costs order and dismissed the appeal, awarding costs of $2,000 to the respondent.

The appellant, who had a long history of unsuccessful litigation and significant spousal support arrears, appealed two orders.

The first order dismissed his application to vary spousal support and declared him a vexatious litigant under s. 140 of the Courts of Justice Act, requiring him to obtain leave before initiating further proceedings.

The second order dismissed his subsequent application for leave to vary support.

The Court of Appeal dismissed both appeals, finding no conflict between s. 140 of the Courts of Justice Act and s. 17 of the Divorce Act, and concluding that the vexatious proceedings order was appropriate given the appellant's abusive litigation conduct.