Court of Appeal for Ontario

Date: October 12, 2017 Docket: C63925

Justices: Sharpe, Blair and Epstein JJ.A.

Between

The Attorney General of Ontario Respondent/Plaintiff

and

Althea Reyes Appellant/Defendant

Counsel

Althea Reyes, acting in person

Domenico Polla, for the respondent

Heard and released orally: October 6, 2017

On appeal from: the order of Justice Paul M. Perell of the Superior Court of Justice, dated May 31, 2017.

Reasons for Decision

[1] The appellant asked for an adjournment of this appeal as she claims she did not receive the responding materials of the Attorney General.

[2] We deny that request. The appellant has a history of making claims of this nature. The Attorney General's materials were served in a timely fashion in accordance with the Order of Master Short and in addition, by mail at the address provided by the appellant on her notice of appeal.

[3] We see no merit in this appeal. There is a lengthy history of vexatious proceedings, thoroughly set out in the reasons of the application judge, which fully justify a vexatious litigant order.

[4] In the circumstances of this case, it was not a denial of actual justice or fairness for the Attorney General not to secure the appellant's approval of the draft order.

[5] The scope of the order is entirely in keeping with s. 140 of the Courts of Justice Act and entirely justified by the appellant's conduct. There is no merit in the appellant's submission that the order infringes her constitutional rights and no merit to the suggestion that we should amend or alter the order in any way.

[6] The motion judge did not err in awarding costs.

[7] The appeal is dismissed.

[8] We dispense with the need for the Attorney General to obtain the appellant's approval as to the form and content of the order.

"Robert J. Sharpe J.A."

"R.A. Blair J.A."

"Gloria Epstein J.A."