Appeal from an order dismissing a corporation’s action as frivolous, vexatious, and an abuse of process, and imposing a tailored vexatious litigant order under s. 140 of the Courts of Justice Act on two non-party individuals associated with the corporation.
The court held that s. 140 applies to non-parties who institute or conduct vexatious litigation through a party, and upheld findings that one appellant directed the litigation from behind the scenes while the other conducted it vexatiously through an inaccurate and unsupported affidavit.
The court found the order proportionate because it was confined to receivership-related proceedings and necessary given repeated abusive relitigation and unpaid costs awards.
Leave to appeal the personal costs order was denied, and appeal costs were fixed at $50,000 all-inclusive.
