The applicant sought to rescind or set aside a longstanding vexatious litigant order arising from extensive litigation connected to real estate discipline proceedings and related disputes.
The court held that an application under s. 140 of the Courts of Justice Act is not a vehicle to review the correctness of the original order or re-litigate the underlying merits.
Applying the established rescission framework, the court found no evidence that the applicant had changed litigation conduct, accepted responsibility for past misconduct, advanced a potentially meritorious new claim, or moved on from the original controversies.
The application was dismissed, with costs to be addressed only if not agreed.
