Court of Appeal for Ontario

Citation: Gallos v. Toronto (City), 2014 ONCA 818 Date: 2014-11-20 Docket: M44169 (C49733)

Before: Feldman, Juriansz and MacFarland JJ.A.

Between: William Gallos, Moving Party and City of Toronto, Respondent

Counsel: William Gallos, in person

Heard: In Writing

Motion heard in writing under rule 2.01.02(1) of the Rules of Civil Procedure.

Endorsement

[1] On November 30, 2009, this court dismissed the moving party’s appeal from the decision of Trotter J. dated November 14, 2008, which dismissed the application for an order to issue a building permit for a restaurant that would exceed the size permitted by the zoning by-law based on an alleged pre-existing legal non-conforming use. On September 12, 2013, the court considered and dismissed an application by the moving party to reopen its 2009 decision and to file fresh evidence. The basis for the dismissal was: “The evidence proposed to be filed does not meet the test for the admission of fresh evidence on an appeal, nor the criteria for reopening a decision of this court under rule 59.06 of the Rules of Civil Procedure.”

[2] The moving party has now again moved to set aside this court’s November 2009 decision. He filed a motion record and factum. He refers to information he received as of May 17, 2014. The source of this information is unclear. On its face, the moving party has not established that it meets the test for the admission of fresh evidence, including how it would have affected the outcome of the appeal.

[3] The motion does not meet the criteria for re-opening a decision of the court under rule 59.06.

[4] This motion, asking again to reopen a 2009 decision of this court from which leave to appeal to the Supreme Court of Canada was denied, is another attempt to reargue the same case. It is frivolous and vexatious and constitutes an abuse of process of the court.

[5] The motion is dismissed under rule 2.1.02(1), and the court orders under rule 2.1.02(3) that the moving party is prohibited from making any further motions in the proceeding without leave of the court. In light of the written submissions the moving party filed with the motion, no further notice to the moving party is required.

“K. Feldman J.A.”

“R.G. Juriansz J.A.”

“J. MacFarland J.A.”