The moving party, a declared vexatious litigant, brought a motion to set aside an order dismissing his request for a stay of a Superior Court order.
The respondents brought a cross-motion to quash the motion on the basis that the moving party failed to obtain leave from the Superior Court before initiating further proceedings.
The Court of Appeal found the moving party's motion was moot as his appeal had already been dismissed for delay.
The Court granted the cross-motion, quashed the moving party's motion as an abuse of process, and ordered that he may not bring any further proceedings in the Court of Appeal without leave.