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.

The appellant purchaser appealed a summary judgment finding no genuine issue for trial in a real estate dispute.

The purchaser argued the respondent vendor was obligated to disclose the failure to conduct a final inspection of a porch and was therefore guilty of misrepresentation.

The Court of Appeal dismissed the appeal, finding no legal basis for such an obligation, and concluded the purchaser had no right to refuse to close or demand an abatement in the purchase price.

The applicant was seriously injured at work and received WSIB benefits.

The WSIB failed to recognize a potential third-party claim against the equipment manufacturer and did not send the applicant an election form.

When the applicant later sought to sue the manufacturer, the WSIB ruled his receipt of benefits constituted a deemed election and refused to allow him to withdraw his claim without immediate repayment of all benefits.

On judicial review, the Divisional Court quashed the decision, finding the WSIB made a patent error in finding a deemed election where the applicant was uninformed, and improperly applied an inflexible rule rather than exercising its discretion based on the merits of the case.