COURT OF APPEAL FOR ONTARIO

CITATION: Mason v. Shatford, 2015 ONCA 133

DATE: 20150226

DOCKET: C59158

Laskin, Rouleau and Huscroft JJ.A.

BETWEEN

Fraser Mason

Plaintiff (Appellant)

and

Jeffrey David Shatford, Tanya Crystal Walker and Walker Law Professional Corporation

Defendants (Respondent)

William A. Chalmers, for the appellant

Ivan Y. Lavrence, for the respondent

Heard: February 25, 2015

On appeal from the order of Justice Alfred J. O’Marra of the Superior Court of Justice, dated July 7, 2014.

APPEAL BOOK ENDORSEMENT

[1] In our view, the appeal should be dismissed. We agree with the motion judge that, in essence, the appellant is attempting to relitigate issues already determined by Gilmore J.’s order. Gilmore J. ordered that all of the proceeds from the sale of the appellant’s son’s house be paid into court pending the resolution of the priorities dispute. To allow the appellant’s claim to proceed is to punish the respondent for relying on a legally sound court order. This does not constitute an abuse of process. As noted by the motion judge, the respondent was entitled to rely on Gilmore J.’s decision just as the appellant was entitled to seek to vary or challenge it.

[2] The appellant also seeks leave to amend. In our view no amendment can remedy this fundamental flaw in the claim.

[3] As a result, the appeal is dismissed. Costs to the respondent fixed at $10,000 inclusive of disbursements and applicable taxes.