The Manufacturers Life Insurance Company v. Crowe, 2010 ONCA 595

ENDORSEMENT

1The moving party Ron Crowe seeks to have the motion and cross-motion adjourned to a different panel of this court because Justices MacPherson and Gillese were on the panel in Halpern in 2003 and Justice MacFarland was on the panel in Palkowski in 2009. In our view, there is no merit in this obscure submission. The motion and cross-motion can be heard by this panel.

2The moving party brings this motion to set aside the order of Winkler C.J.O. dated 27 May 2010 dismissing the appellant’s motion to stay the order of Brown J. of the Superior Court of Justice dated 23 March 2010 from which the appeal to this court is taken.

3There are many problems with the appellant’s motion. The principal one is that his appeal has been dismissed for delay by order of the Deputy Registrar dated 29 June 2010. He has not appealed that decision. Accordingly, the motion is moot.

4The Manulife respondents bring a cross-motion seeking, inter alia, an order quashing the appellant’s motion because he failed to obtain leave from Brown J. before initiating further proceedings in this court and an order prohibiting the appellant from bringing any other proceedings in the Court of Appeal without first obtaining leave from Justice Brown.

5We would grant the cross-motion. In our view, such an order is amply justified. The appellant’s conduct in the Superior Court and in this court is frivolous, vexatious and an abuse of process. Accordingly, the appellant’s motion is quashed and an order shall go prohibiting the appellant from bringing any further proceedings, including motions, in the Court of Appeal without leave of Justice Brown.

6For greater certainty, we order the staff of the Court of Appeal to refuse to accept any documents from the appellant unless he produces an order of Justice Brown in which the appellant is given leave to take the very proceeding or step that he seeks to take.

7Our reasons for granting the cross-motion are simple. Justice Brown made an order, dated March 23, 2010, in which the appellant may not institute any further or new proceeding, in any court, without an order from him granting leave.

8The terms of Justice Brown’s order are cast in broad language. By its terms, the order encompasses appeals to and motions in this and other courts. See Kallaba v. Bylykbashi 2006 CanLII 3953 (ON CA), [2006] O.J. No. 545 at para. 25.

9To summarize, the moving party’s motion is quashed. The respondent Manulife’s cross-motion is granted.

10The various respondents are entitled to their costs of the appeal fixed as follows: Manulife - $2500, Attorney General of Canada - $1500, Thomson Reuters - $1500, all inclusive of disbursements and applicable taxes.