Paul Farley

The appellant, who had a history of bringing meritless proceedings against the respondent professional association following his suspension for unpaid fees, sought to appeal a Superior Court order denying him leave to appeal an internal disciplinary decision.

The respondent requested the Court of Appeal dismiss the appeal and related motion under Rule 2.1 of the Rules of Civil Procedure.

The Court of Appeal found the proceedings to be frivolous, vexatious, and an abuse of process, as they attempted to re-litigate previously decided issues.

The appeal and motion were dismissed, and the Court provided new procedural directions for future Rule 2.1 requests.

The moving party, a former CFO of a company undergoing CCAA restructuring, sought a declaration that a court-approved settlement and release barred the Chartered Professional Accountants of Ontario (CPAO) from commencing disciplinary proceedings against him.

The court dismissed the motion, finding that the CPAO's regulatory proceedings regarding professional misconduct did not constitute a 'claim' under the CCAA, nor were they claims against him in his capacity as a director or officer.

Furthermore, the disciplinary proceedings did not fall within the definition of released claims in the settlement order, and the CPAO was not bound by the order as it had not received notice.