DATE: 20050708

DOCKET: C42534

COURT OF APPEAL FOR ONTARIO

RE:

MICHAEL ARISTOCRAT (Appellant/Plaintiff) v. NATIONAL BANK OF CANADA (Respondents/Defendant)

BEFORE:

DOHERTY, MACPHERSON and CRONK JJ.A.

COUNSEL:

Appellant appearing in person

A. Dychtenberg

for the respondent

HEARD & ENDORSED:

July 6, 2005

On appeal from the judgment of Justice W.A. Jenkins of the Superior Court of Justice dated September 24, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant has been declared a vexatious litigant.

[2] Jenkins J. denied the appellant leave to continue this action. The appellant purports to appeal from that order. Section 140(4)(e) specifically provides that no appeal lies from the refusal of leave under s. 140.

[3] We cannot accept that s. 140(4)(e) contravenes s. 15(1) of the Charter. In our view, it is not discriminatory on its face and does not operate in a discriminatory fashion. There is no appeal to this court.

[4] The appeal is quashed. Costs to the respondent in the amount of $4,500.00, inclusive of disbursements and GST.