Court of Appeal for Ontario

Date: 2019-03-27

Docket: M49496 (C64955)

Judges: Lauwers, Benotto and Brown JJ.A.

Between

Peoples Trust Company, David Brooker, Taras Kulish, Moses Muyal, Michael Harold Kimberly, Irene Mary Kimberly, Stancer Gossin Rose, Raymond Stancer, Michael Hart Rose, Rose and Rose, Blair Coleman Rose, Scott Kelly, Rahul Shastri, Ira T. Kagan, David Winer, David Sloan, Baker Schneider Ruggiero, Patrice Cote, Ron Hatcher, Steinberg Morton Frymer LLP, Michael John Mitchell, Nicholas Carlos Canizares, David Hart, Bresver, Scheininger & Chapman LLP, Rui Ruivo, Frank PA, Atlantic (HS) Financial Corporation, Tom Pires, Mega Corp, Krishan Chahal and Nutan Chahal

Applicants (Respondents)

and

Nadire Atas and 626381 Ontario Limited

Respondents (Appellants)

Counsel

Nadire Atas, in person

Christina J Wallis, for the respondents

Heard: March 25, 2019

Reasons for Decision

[1] The moving parties, Nadire Atas and 626381 Ontario Limited (the "Appellants"), are appealing the January 3, 2018 order of Corbett J. that declared them vexatious litigants within the meaning of s. 140 of the Courts of Justice Act, R.S.O. 1990, c. C.43 and granted other relief. Their appeal will be heard by this court in three weeks, on April 12, 2019.

[2] Last July, the Appellants moved before MacFarland J.A. for orders: (i) extending the time to perfect their appeal; (ii) staying orders made by Corbett J. after January 3, 2018 in the course of case managing the continuing proceedings; (iii) extending the time to seek a panel review of the order of Rouleau J.A. dated May 23, 2018; (iv) permitting the filing of a 50-page factum; and (v) granting the individual appellant leave to represent the corporate appellant.

[3] By order dated July 30, 2018, MacFarland J.A. extended the time to perfect the appeal and granted Ms. Atas leave to represent the corporate appellant. She dismissed the rest of the relief sought by the Appellants. MacFarland J.A. ordered the Appellants to pay Peoples Trust Company its costs of the motion fixed at $5,000.

[4] The Appellants now move pursuant to s. 7(5) of the Courts of Justice Act to set aside the order of MacFarland J.A. As well, they request a stay of the orders made by Corbett J. since January 3, 2018.

[5] We dismiss the Appellants' motion. As MacFarland J.A. correctly observed, the orders made by Corbett J. after January 3, 2018 are interlocutory case management orders, the appeal of which lies to the Divisional Court with leave, not to this court.

[6] In respect of the balance of the relief denied, the Appellants have not demonstrated that MacFarland J.A. misapprehended any evidence or committed any error in principle that would justify intervention by this panel.

[7] Finally, as to the costs order, there was mixed success on the motion before MacFarland J.A. Accordingly, we see no error in principle in how she exercised her discretion to fix costs in those circumstances.

[8] The Appellants' motion is dismissed. The Appellants shall pay the respondents, on or before April 5, 2019, their costs of this motion fixed on a partial indemnity scale in the amount of $3,000, inclusive of disbursements and applicable taxes.

"P. Lauwers J.A."

"M.L. Benotto J.A."

"David Brown J.A."