Tami Waters

The applicant brought a motion for summary judgment seeking a declaration that a 1994 cohabitation agreement was not valid in determining financial and support issues arising from the parties' final separation in 2012.

The parties had separated for more than 90 days in 1995, triggering the agreement's disposition provisions, but later reconciled, married, and cohabited until 2012.

The court held that the agreement was discharged by the triggering event in 1995 and, because it was not reinstated or amended in writing upon reconciliation, it had no application to the 2012 separation.

The applicant's motion was granted and the respondent's cross-motion to enforce the agreement was dismissed.

The responding spouse brought a motion seeking an order declaring the opposing party a vexatious litigant pursuant to s. 140 of the Courts of Justice Act.

The court reviewed the extensive litigation history arising from the parties’ matrimonial dispute, including repeated motions, appeals, and collateral proceedings in multiple courts attempting to relitigate issues already determined.

The court found that the litigant persistently commenced proceedings without reasonable grounds, failed to pay outstanding cost orders, and continued to advance allegations of conspiracy and misconduct against judges, lawyers, and third parties.

Applying the principles governing vexatious proceedings, the court concluded that the conduct constituted harassment and oppression through abusive litigation.

An order was made prohibiting the litigant from instituting or continuing proceedings in any Ontario court without leave of the Regional Senior Judge.