Ken Wise

The appellant appealed an order dismissing her action for adverse possession and compelling her attendance at a judgment debtor examination.

The motion judge dismissed the action despite the respondent not requesting that relief at the hearing and without giving the appellant notice.

The Court of Appeal allowed the appeal in part, setting aside the dismissal of the action due to procedural unfairness, but upheld the order compelling the appellant's attendance at the judgment debtor examination.

The defendants sought costs following the dismissal of the plaintiff's action.

The plaintiff argued that he brought the action in good faith, suffers from a head injury, and has limited income.

The court fixed costs payable by the plaintiff to the defendants at $10,000 all inclusive on a partial indemnity basis.

The plaintiff, previously declared a vexatious litigant, brought a motion seeking retroactive leave under s. 140(4) of the Courts of Justice Act to commence and continue an action against the police board and several officers for false arrest and related claims.

The court reviewed the plaintiff's history of litigation against the police and the evidence provided in support of the current claim.

The court found that while the proceeding was not an abuse of process, the plaintiff failed to meet the onus of showing reasonable grounds for the proceeding, as he provided only a bald affidavit adopting the statement of claim and failed to refute police disclosure records indicating he was intoxicated and caused a disturbance.

The motion for leave was dismissed.