COURT OF APPEAL FOR ONTARIO
DATE: 20251217
DOCKET: COA-25-CV-0401
Coroza, Favreau and Rahman JJ.A.
BETWEEN
1255717 Ontario Ltd., 1255705 Ontario Ltd., 1290976 Ontario Ltd. and Marino Rakovac
Plaintiffs (Appellants)
and
Glenrio Financing Limited and Ancaster Choice Limited
Defendants (Respondents)
Marino Rakovac, acting in person
Daniel Richter, for the appellants 1255717 Ontario Ltd., 1255705 Ontario Ltd. and 1290976 Ontario Ltd.
Patrick J. Monaghan, for the respondents
Heard and rendered orally: December 16, 2025
On appeal from the judgment of Justice Sandra Antoniani of the Superior Court of Justice, dated March 13, 2025.
REASONS FOR DECISION
[1] We see no error in the motion judge’s determination that the appellants’ action should be dismissed as an abuse of process, as it raises issues that were raised or could have been raised in the previous litigation dealing with the same mortgages. This was evident from the arguments before us, which largely comprised an attack on the original decision made by Justice Sweeny, which was upheld by this court.
[2] The appellants submit that they should be permitted to proceed with their current action because much has happened since the previous mortgage action was decided. This does not detract from the fact that the statement of claim on which the appellants now seek to proceed covers the same issues as previously decided.
[3] Further, we see no merit to the appellants’ motion to adduce fresh evidence. Most of the materials the appellants seek to have admitted as fresh evidence predate the date of the motion before the motion judge. The appellants have not put forward evidence to explain why these materials were not made available on the motion below. In any event, they have also failed to show the relevance of any of the materials and how they could affect the determination that the action is an abuse of process.
[4] Accordingly, the motion for fresh evidence and the appeal are dismissed, with costs to the respondents in the amount of $15,000 all inclusive.
“S. Coroza J.A.”
“L. Favreau J.A.”
“M. Rahman J.A.”