COURT OF APPEAL FOR ONTARIO

CITATION: Szot v. Cozzi, 2025 ONCA 824

DATE: 20251128

DOCKET: COA-25-CV-0266

van Rensburg, Miller and Sossin JJ.A.

BETWEEN

Jerzy Szot

Applicant (Respondent)

and

Peter B. Cozzi and Peter B. Cozzi Professional Corporation

Respondents (Appellants)

Counsel:

Howard Reininger, for the appellants

Olivier Guillaume and Jordan Conway, for the respondent

Heard and rendered orally: November 26, 2025

On appeal from the order of Justice Lisa Brownstone of the Superior Court of Justice, dated January 21, 2025, with reasons reported at 2025 ONSC 424.

REASONS FOR DECISION

[1] We are not persuaded that there is any reversible error in the application judge’s decision that the respondent had standing to bring a s. 140 application or in the declaration of the appellants as vexatious litigants.

[2] The application judge’s reasons identify and apply the correct test under Lang Michener Lash Johnston v. Fabian (1987), 1987 CanLII 172 (ON SC), 59 O.R. (2d) 353. The reasons carefully set out the appellants’ history of meritless litigation and concerning pattern of conduct in relation to his former client, who is a party under a disability and under the protection of the Public Guardian and Trustee. The appellants have not raised any ground of appeal that would justify allowing the appeal.

[3] Finally, and for greater certainty, as all parties to the appeal agree, the vexatious litigant order is in respect of the appellants in their personal capacity.

[4] Costs are payable by the appellants to the respondent fixed at $17,000 all-inclusive.

“K. van Rensburg J.A.”

“B.W. Miller J.A.”

“L. Sossin J.A.”