COURT OF APPEAL FOR ONTARIO
RE:
ANTHONY TSAI (Appellant) –and- LEO KLUG, PETER K. LIBMAN and MORRIS J. WINER (Respondents)
BEFORE:
CATZMAN, MOLDAVER AND ARMSTRONG JJ.A.
COUNSEL:
Anthony Tsai
in person
Leo Klug
in person
Jim Smith
for the respondents Peter Libman and Morris Winer
HEARD & ENDORSED:
February 22, 2006
On appeal from the order of Justice Andromache Karakatsanis of the Superior Corut of Justice dated June 3, 2005 made at Toronto, Ontario.
A P P E A L B O O K E N D O R S E M E N T
1The motion judge concluded that the action must fail on the grounds that:
- deputy judges are immune from civil liability;
- the action constitutes a collateral attack on earlier proceedings and is as such an abuse of process; and
- the claim discloses no cause of action
2We agree with those conclusions and with the motion judge’s careful and detailed reasons for reaching those conclusions.
3The appeal is therefore dismissed and leave to appeal costs is denied. The respondent Klug is entitled to costs on a substantial indemnity basis, fixed in the amount of $5,202.30. The respondents Libman and Winer are entitled to costs on a partial indemnity basis, fixed in the amount of $3,130.14.
