Court of Appeal for Ontario
Date: 20240404 Docket: M54623 (C70179)
Paciocco, George and Favreau JJ.A.
Between
Melissa Hart and Patricia Hart Plaintiffs (Appellants/Moving Party)
and
Vitoria Balice Defendant (Respondent/Responding Party)
Counsel: Melissa Hart, acting in person Norman Groot, for the respondent
Heard: in writing
Reasons for Decision
[1] Melissa Hart brings a motion under rr. 59.06(2)(a) and 61.16(6.1) of the Rules of Civil Procedure seeking to “withdraw” the Court’s November 17, 2022 decision and requesting a rehearing of the appeal on the basis that the Court overlooked her evidence.
[2] By order dated June 13, 2023, Ms. Hart was declared a vexatious litigant under s. 140(1) of the Courts of Justice Act, R.S.O. 1990, c. C.43: Canada Mortgage and Housing Corporation v. Hart, 2023 ONSC 3544 at para. 41. The order prohibits Ms. Hart from commencing or continuing any proceedings in any court, except with leave of a judge of the Superior Court of Justice. The order also applies to appeals to this court: Kallaba v. Bylykbashi (2006), 265 D.L.R. (4th) 320, at para. 26, citing Varma v. Rozenberg, [1998] O.J. No. 4183 (C.A.), at para. 5.
[3] Rule 2.1.03(1) of the Rules of Civil Procedure provides that where a person “subject to an order under subsection 14(1) of the Courts of Justice Act has instituted or continued a proceeding without the order having been rescinded or leave granted for the proceeding to be instituted or continued, the court shall make an order staying or dismissing the proceeding”.
[4] Accordingly, this motion is dismissed pursuant to r. 2.1.03(1).
[5] In addition, as there is a vexatious litigant order in effect barring Ms. Hart from instituting or continuing any proceedings in any court without leave of a judge of the Superior Court of Justice, court staff are directed not to accept any further filings from Ms. Hart – in this proceeding or in any other civil proceeding – unless she has obtained leave from a judge of the Superior Court of Justice, or the June 13, 2023 order is set aside.
“David M. Paciocco J.A.”
“J. George J.A.”
“L. Favreau J.A.”