Annette Casullo

The appellant appealed an order declaring him a vexatious litigant under s. 140 of the Courts of Justice Act.

The appellant argued his proceedings were brought in good faith based on a belief that the respondents misappropriated funds from their late mother, and that the motion judge improperly considered non-judicial proceedings.

The Court of Appeal dismissed the appeal, finding the record supported the conclusion that the appellant was unreasonably obsessed with the cause and that extra-judicial proceedings were relevant to assessing the bona fides of his court proceedings.

The appellant appealed an order finding that his mother lacked capacity to grant a power of attorney, as well as a s. 140(1) order.

The Court of Appeal dismissed the arguments regarding procedural fairness and capacity, finding the trial judge's conclusions fully warranted by the evidence.

However, the Court set aside the s. 140(1) order because it was not sought on a timely basis, was not argued, and no reasons were given for it.

Leave to appeal costs was dismissed, and costs of the appeal were awarded to the respondents.