Court File and Parties
CITATION: Sauvé v. Merovitz, 2008 ONCA 70
DATE: 20080204
DOCKET: C46259
COURT OF APPEAL FOR ONTARIO
WEILER, ROULEAU JJ.A. and PARDU J. (Ad hoc)
BETWEEN:
GARY SAUVÉ
Plaintiff (Appellant)
and
CHARLES L. MEROVITZ, MEROVITZ POTECHIN, FANNIE CÔTES, SAMSON, CÔTES & GARDNER, GUYLAINE GRENIER
Defendants (Respondents)
Counsel:
David Capra for the appellant
Guylaine Grenier (in person)
Charles Merovitz for the respondents Fannie Côtes; Samson, Côtes & Gardner
Alan O’Brien for the respondents Charles Merovitz and Merovitz, Potechin
Heard & released orally: January 31, 2008
On appeal from the judgment of Justice of Robert J. Smith of the Superior Court of Justice dated October 25, 2006.
ENDORSEMENT
[1] The key issue raised in this appeal is whether the alleged statements on which the action is based were protected by absolute privilege. In a well-reasoned judgment, the application judge carefully reviewed all of the allegations and concluded that they were protected.
[2] We agree. In our view, this case does not, as the appellant argues, involve complex and novel arguments such that it should proceed to trial against the respondents.
[3] The appellant also appeals the application judge’s finding that he is a vexatious litigant. He argues that the application judge misapprehended and misinterpreted the evidence and considered evidence that was not relevant and not properly admitted.
[4] Again, we disagree. The application judge properly outlined the law and reviewed the numerous proceedings brought or appealed from by the appellant. He concluded that the evidence demonstrated that the appellant persistently and without reasonable grounds instituted vexatious proceedings against two of the respondents. These findings are amply supported by the record.
[5] We also find no basis to interfere with the application judge’s disposition of costs.
[6] Accordingly, the appeal is dismissed with costs to the respondents fixed in the following amounts, all inclusive:
Guylaine Grenier: $1,000
Merovitz and Merovitz Potechin: $7,500
Fannie Côtes and Samson, Côtes & Gardner: $10,000
For a total amount of $18,500.
“K.M. Weiler J.A.”
“Paul Rouleau J.A.”
“G.I. Pardu J. (Ad hoc)”