The self-represented appellant appealed an order dismissing his action against a condominium corporation as an abuse of process and requiring him to seek leave before commencing future proceedings against the respondent or its counsel.
The Court of Appeal upheld the dismissal of the action on the basis of res judicata and abuse of process, finding the appellant was attempting to relitigate issues already determined in prior proceedings arising from a parking dispute.
However, the court set aside the vexatious litigant provision of the order, holding that the mandatory procedural requirements under r. 2.2 of the Rules of Civil Procedure and s. 140 of the Courts of Justice Act had not been followed.
Costs of $5,000 were awarded to the respondent.
