COURT OF APPEAL FOR ONTARIO
Simmons, Pepall and Huscroft JJ.A.
BETWEEN
Louis Kakoutis and Effie Kakoutis
Plaintiffs (Appellants)
and
The Bank of Nova Scotia
Defendant (Respondent)
Louis Kakoutis and Effie Kakoutis, in person
Adrian Visheau, for the respondent
Heard: November 18, 2016
On appeal from the judgment of Justice J. Trimble of the Superior Court of Justice, dated April 5, 2016.
APPEAL BOOK ENDORSEMENT
1The motion judge dismissed the appellants’ Milton action because he found the appellants were attempting to re-litigate issues that had previously been litigated or could have been litigated in a Toronto proceeding between them and the Bank. He therefore concluded the action was frivolous, vexatious and an abuse of process. Based on our review of the statement of claim in the Milton action and proceedings in the Toronto action, we agree.
2The appeal is dismissed. Costs of the appeal are fixed in the amount of $5,000 on a partial indemnity scale inclusive of disbursements and applicable taxes payable to the respondent.