Kelly Santini LLP

The Municipality of Mississippi Mills applied to declare Bryant Cougle and Brylin Construction Ltd. vexatious litigants under s. 140 of the Courts of Justice Act.

The court reviewed a history of persistent, unsuccessful, and abusive litigation and communications by the respondents concerning a property zoning dispute dating back to the 1970s.

The court found that the respondents had instituted vexatious proceedings and conducted themselves in a vexatious manner, repeatedly raising issues already decided and making unsubstantiated allegations.

The court declared both respondents vexatious litigants and prohibited them from instituting or continuing any further proceedings without leave of a Superior Court judge.

Substantial indemnity costs were awarded to the Municipality due to the respondents' sanctionable behavior.

The applicants appealed a Master's order dismissing their action.

The Superior Court of Justice found that the appeal was brought in the wrong court, as appeals from a case management master's final order lie to the Divisional Court.

The court also determined that Rule 2.1 of the Rules of Civil Procedure, which allows for dismissal of vexatious or frivolous proceedings, does not apply to appeals.

The appeal was effectively dismissed due to procedural impropriety.