Court of Appeal for Ontario

Citation: Science Applications International Corporation (SAIC Canada) v. Pagourov, 2013 ONCA 563

Date: 2013-09-13

Docket: C56477

Before: MacPherson, MacFarland and Epstein JJ.A.

Between:

Science Applications International Corporation (SAIC Canada), John Cox, David Broadley and John Mendler

Applicants (Respondents)

and

Dimitre Pagourov

Respondent (Appellant)

Counsel:

Dimitre Pagourov, appellant appearing in person

David A. Stamp and Patrick G. Welsh, for the respondents

Heard: September 12, 2013

On appeal from the order of Justice Katherine M. van Rensburg of the Superior Court of Justice, dated December 3, 2012.

Appeal Book Endorsement

[1] The appellant Dimitre Pagourov appeals the order of van Rensburg J. of the Superior Court of Justice dated December 3, 2012, declaring him a vexatious litigant pursuant to s. 140 of the *Courts of Justice Act*, R.S.O. 1990, c. C.43.

[2] In our view, there is overwhelming evidence, including previous decisions of this court, to justify the application judge’s invocation of s. 140 of the *Courts of Justice Act* at this stage of the appellant’s torrent of litigation against these respondents. We agree with the application judge’s conclusion near the end of her reasons (para. 59):

I am satisfied that an order under s. 140 of the *Courts of Justice Act* is justified and necessary in this case. Nothing short of a vexatious litigant order will prevent Mr. Pagourov from continuing his efforts to pursue the defendants in the courts. Such an order does not prohibit Mr. Pagourov’s access to the justice system; it does however provide for control and supervision over any action he does take, on the basis of his conduct to date: Coote, at paras. 63 and 64.

[3] The appeal is dismissed. The respondents are entitled to their costs of the appeal fixed at $18,400, inclusive of disbursements and HST.