Christina Wallis

The moving party, a declared vexatious litigant, emailed the court requesting directions to schedule a motion to set aside the vexatious litigant judgment.

The court noted that the judgment prohibits the moving party from instituting any motion without leave under s. 140(3) of the Courts of Justice Act, which must be obtained from the case management judge.

The court appointed Justice W. S. Chalmers as the Case Management Judge and directed the moving party to make any requests to him.

In a case management endorsement, the court clarified that one of the actions involving the Chahals had already been dismissed, negating the need for a separate order.

The court also approved a draft order prepared by counsel for Mr. Sloan, rejecting the self-represented defendant's draft as a continuation of her contemptuous response to a previous order.

The deadline for submitting agenda items for the upcoming case management conference was extended.

The self-represented moving party, previously declared a vexatious litigant, was found in contempt of court and sentenced to a brief period of incarceration.

She sought to appeal the contempt finding but was advised by the Court of Appeal that she required permission from the Superior Court.

The case management judge granted her permission to appeal the contempt finding and custodial sentence, dispensing with the requirement to apply for leave under s. 140(3) of the Courts of Justice Act, noting that her liberty interest was engaged and the appearance of justice required she be permitted to appeal.

The defendants brought motions in two mortgage enforcement proceedings seeking broad relief including setting aside a prior summary judgment, vacating writs of execution and notices of garnishment, and reopening mortgage accounting.

At the hearing, newly retained counsel for the defendants sought an adjournment after acknowledging that the motion materials were unfocused and procedurally unsuitable for many of the issues raised.

The court granted an adjournment in order to narrow the issues, limiting any future motion to whether the mortgage judgment had been satisfied and whether enforcement steps such as writs and garnishments should be lifted.

A related motion in a second mortgage matter was also adjourned, with the court observing that the issues were more appropriately addressed through the mortgage costs assessment process.

Costs were awarded against the moving parties for the unnecessary expense caused by their broad motion materials and subsequent adjournment request.