DATE: 20050927

DOCKET: C43137

COURT OF APPEAL FOR ONTARIO

RE:

CHAITANYA K. KALEVAR (Appellant/Respondent) v. DAN MCTEAGUE, DUNCAN READ and MS. DIANE DAVIDSON (Respondents/Co-Applicants)

BEFORE:

WEILER, ROSENBERG and SHARPE JJ.A.

COUNSEL:

Chaitanya K. Kalevar

appearing in person

John Cannings and Amy Nickerson

for the respondents

HEARD:

September 16, 2005

E N D O R S E M E N T

[1] Mr. Kalevar appeals the order declaring him to be a vexatious litigant, staying all proceedings previously instituted by him and requiring that he obtain leave of a judge of the Superior Court before instituting any further proceedings as well as an order that any such application for leave be on notice to all affected parties. In addition he appeals the costs order against him in the amount of $21,000 and the dismissal of two other motions. Mr. Kalevar seems to be under the impression that before he can be declared a vexatious litigant it is first necessary for the multiple other proceedings he has instituted to be concluded. That is not the case. He has also made unfounded allegations of bias against small claims court judges associated with his matter and alleges that Ferrier J. “failed as a balanced fact finder”. The appeals are without merit and are therefore dismissed. The order of Ferrier J. is confirmed. The Court of Appeal office is directed not to accept any further material from the appellant unless those proceedings include an order of a judge of the Superior Court granting him leave. If material is accepted and no order accompanies it, the matter will not be listed and, if listed the matter is to be removed from the list without further notice.

[2] Costs of the appeal are to the respondents in the appeal and are fixed at $5000 including the motion before Labrosse J.A. and including PST and GST.