Court of Appeal for Ontario
Date: October 2, 2019 Docket: M50530 (C64955)
Judges: Strathy C.J.O., Doherty and Roberts JJ.A.
Between
Peoples Trust Company, David Brooker, Taras Kulish, Moses Muyal, Michael Harold Kimberly, Irene Mary Kimberly, Stancer Gossin Rose, Raymond Stancer, Mitchell Hart Rose, Rose and Rose, Blair Coleman Rose, Scott Kelly, Rahul Shastri, Ira T. Kagan, David Winer, David Sloan, Baker Schneider Ruggiero, Patrice Côté, 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, Megacorp, Krishan Chahal and Nutan Chahal
Applicants (Respondents)
and
Nadire Atas and 626381 Ontario Limited
Respondents (Appellants)
Counsel
Nadire Atas, acting in person
Christina J. Wallis, for the respondent Peoples Trust Company
Heard and released orally: September 30, 2019
Reasons for Decision
[1] The moving party was declared a vexatious litigant in January 2018. She appealed to this court.
[2] Motions for a stay of the judgment pending appeal to this court were dismissed on two separate occasions. Her appeal to this court was dismissed on May 6, 2019. She then moved for a stay of the judgment and subsequent case management orders pending an application for leave to appeal to the Supreme Court of Canada. That motion was dismissed by a judge of this court on June 4, 2019.
[3] The moving party now seeks a review of that decision pursuant to s. 7(5) of the Courts of Justice Act, R.S.O. 1990, c. C.43. We agree with the reasons of the motion judge and dismiss the motion. The moving party failed to meet the test in RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, on three prior occasions, and she has failed to do so today. Leaving aside the merits of her application for leave, she has failed to demonstrate that she is likely to suffer irreparable harm in the interim, or that the balance of convenience favours a stay.
[4] The motion is dismissed. The costs of the motion are fixed at $2,646.30, inclusive of disbursements and all applicable taxes, in favour of the respondent.
"G.R. Strathy C.J.O."
"Doherty J.A."
"L.B. Roberts J.A."