COURT OF APPEAL FOR ONTARIO
Laskin, Rouleau and Huscroft JJ.A.
BETWEEN
Fraser Mason
Plaintiff (Appellant)
and
Jeffrey David Shatford, Tanya Crystal Walker and Walker Law Professional Corporation
Defendants (Respondent)
William A. Chalmers, for the appellant
Ivan Y. Lavrence, for the respondent
Heard: February 25, 2015
On appeal from the order of Justice Alfred J. O’Marra of the Superior Court of Justice, dated July 7, 2014.
APPEAL BOOK ENDORSEMENT
1In our view, the appeal should be dismissed. We agree with the motion judge that, in essence, the appellant is attempting to relitigate issues already determined by Gilmore J.’s order. Gilmore J. ordered that all of the proceeds from the sale of the appellant’s son’s house be paid into court pending the resolution of the priorities dispute. To allow the appellant’s claim to proceed is to punish the respondent for relying on a legally sound court order. This does not constitute an abuse of process. As noted by the motion judge, the respondent was entitled to rely on Gilmore J.’s decision just as the appellant was entitled to seek to vary or challenge it.
2The appellant also seeks leave to amend. In our view no amendment can remedy this fundamental flaw in the claim.
3As a result, the appeal is dismissed. Costs to the respondent fixed at $10,000 inclusive of disbursements and applicable taxes.
