Court of Appeal for Ontario

Date: 2025-07-16
Docket: M56028 (COA-25-CV-0147, M55955)
Coram: Thorburn, Copeland and Monahan JJ.A.

Between

The College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario and Mahadai Bahadur
Applicant (Respondent/Responding Parties)

and

Nathalie Xian Yi Yan
Respondent (Appellant/Moving Party)

Appearances:
Nathalie Xian Yi Yan, acting in person
Patrick A. Wright, for the respondent/responding party College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario
Alicia Windsor, for the respondent/responding party Mahadai Bahadur

Heard: 2025-07-11

On review of the order of Justice Jonathan Dawe of the Court of Appeal for Ontario, dated May 16, 2025.

Reasons for Decision

[1] This is a motion by the appellant for a panel review of the decision of the motion judge dismissing her motion for a stay pending appeal.

[2] The underlying appeal is from the order of Krawchenko J. dated January 16, 2025, declaring the appellant to be a vexatious litigant, pursuant to s. 140 of the Courts of Justice Act, R.S.O. 1990, c. C.43.

[3] A panel review of a motion judge’s decision is not a de novo determination. A reviewing panel may intervene only if the motion judge erred in principle or reached an unreasonable result: Hillmount Capital Inc. v. Pizale, 2021 ONCA 364, para. 18.

[4] The review motion must be dismissed because the appellant did not obtain leave to bring the motion, pursuant to the terms of the vexatious litigant order and s. 140(3) of the Courts of Justice Act. This court has repeatedly held that, although a person declared a vexatious litigant may file a notice of appeal of that order without leave, they require leave of a judge of the Superior Court for any motions in the appeal: Son v. Khan, 2018 ONCA 984, para. 6; Ontario (Attorney General) v. Reyes, 2017 ONCA 613.

[5] In any event, there is no merit to the review motion. The motion judge denied the stay pending appeal because the appellant had not complied with the requirement in the vexatious litigant order that she obtain leave from a judge of the Superior Court to bring the motion. The motion judge’s decision is consistent with this court’s authorities referred to above. The motion judge made no error in principle and did not reach an unreasonable result.

[6] The motion is dismissed. The College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario is entitled to costs of the motion in the amount of $2,000, all inclusive. Ms. Bahadur did not seek costs.

Julie Thorburn J.A.
J. Copeland J.A.
P.J. Monahan J.A.