Court of Appeal for Ontario

Citation: Peciukaitis v. Forest Harbour Ratepayers Incorporated, 2014 ONCA 200

Date: 2014-03-17

Docket: C57015

Before: Feldman, Lauwers and Strathy JJ.A.

Between:

Colleen Peciukaitis Appellant (Plaintiff)

and

Forest Harbour Ratepayers Incorporated Respondent (Respondent)

Counsel:

Colleen Peciukaitis, appearing in person

Kurt K. Pereira, for the respondent

Heard: March 12, 2014

On appeal from the order of Justice John R. McCarthy of the Superior Court of Justice, dated April 12, 2013.

ENDORSEMENT

[1] The appellant appeals the decision of McCarthy J. dated April 12, 2013 where he dismissed her motion for a “fair trial” as non-justiciable, and struck her statement of claim as an abuse of process.

[2] The action was an attempt to re-litigate a boundary dispute claim that was resolved by minutes of settlement and the exchange of mutual releases in 2006. The appellant’s effort to subsequently reopen the claim in 2006 was dismissed by MacKinnon J. and that decision was upheld by the Divisional Court in 2007 OJ 1272.

[3] We see no error in the decision of McCarthy J. The appeal is dismissed with costs fixed at $2000 inclusive of disbursements and HST.

“K. Feldman J.A.”

“P. Lauwers J.A.”

“G.R. Strathy J.A.”