Court File and Parties

Court of Appeal for Ontario Date: 2020-01-08 Docket: C67278

Before: Sharpe, Juriansz and Trotter JJ.A.

Between: David Conroy, Dana Conroy and Collin Conroy Plaintiff/Appellant

And: Donna Vassel Defendant/Respondent

Counsel: David Conroy, in person Joseph Figliomeni and Jonah Waxman, for the respondent

Heard and released orally: January 6, 2020

On appeal from the order of Justice Michael A. Penny of the Superior Court of Justice, dated July 8, 2019.

Reasons for Decision

[1] The appellant no longer appeals the dismissal of his property claim. He appeals only the dismissal of his action for spousal support and return of the bracelet. His real concern is the costs award made by the motion judge.

[2] In our view, the motion judge did not err by striking the statement of claim. It was an inappropriate method to present the claims advanced by the appellant. However, reading the record as a whole, we do not see this so much as a case of abuse of process as the product of confusion on the part of an in-person litigant. The appellant did offer to amend and refile his proceedings on a case management motion and was told to proceed on the basis of the existing record. When making his costs order the motion judge said that the costs order made by Justice Belobaba “was apparently not a sufficient message”. In our view, there was no clear message but rather confusion on the part of this in-person litigant.

[3] In these circumstances, we reduce the costs of the motion from $7,500 to $2,500 but otherwise, dismiss the appeal. No order as to costs of this appeal.

"R.J. Sharpe J.A."

"R.G. Juriansz J.A."

"Gary Trotter J.A."