DATE: 20060222
DOCKET: C43775
COURT OF APPEAL FOR ONTARIO
RE:
ANTHONY TSAI (Appellant) –and- LEO KLUG, PETER K. LIBMAN and MORRIS J. WINER (Respondents)
BEFORE:
CATZMAN, MOLDAVER AND ARMSTRONG JJ.A.
COUNSEL:
Anthony Tsai
in person
Leo Klug
in person
Jim Smith
for the respondents Peter Libman and Morris Winer
HEARD & ENDORSED:
February 22, 2006
On appeal from the order of Justice Andromache Karakatsanis of the Superior Corut of Justice dated June 3, 2005 made at Toronto, Ontario.
A P P E A L B O O K E N D O R S E M E N T
[1] The motion judge concluded that the action must fail on the grounds that:
- deputy judges are immune from civil liability;
- the action constitutes a collateral attack on earlier proceedings and is as such an abuse of process; and
- the claim discloses no cause of action
[2] We agree with those conclusions and with the motion judge’s careful and detailed reasons for reaching those conclusions.
[3] The appeal is therefore dismissed and leave to appeal costs is denied. The respondent Klug is entitled to costs on a substantial indemnity basis, fixed in the amount of $5,202.30. The respondents Libman and Winer are entitled to costs on a partial indemnity basis, fixed in the amount of $3,130.14.