SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-12-465110
DATE: 20131101

RE: Mohinder Singh Rainal, Plaintiff

AND:
Sri Guru Singh Sabha (Toronto) Inderjit Singh. Santokh Singh. Amar Singh Tussar. Kartar Singh Marok. Sardara Singh. Gurwinder Singh, Defendant

BEFORE: Pollak J.

COUNSEL:
Mohinder Singh Rainal, self-represented Plaintiff

No one appearing for the Defendant

HEARD: October 29, 2013

ENDORSEMENT

[1] The Applicant, Mr. Rainal, has been declared a vexatious litigant by the Order of Justice Penny, dated September 23, 2011. He now seeks to appeal the Order of Justice McKeown, dated March 5, 2013. Section 140 of the Courts of Justice Act, R.S.O. 1990, Chapter C.43 provides that where such an order had been made, an application may be made for leave to proceed. It provides that:

Leave to proceed

(4)Where an application for leave is made under subsection (3),

(a) leave shall be granted only if the court is satisfied that the proceeding sought to be instituted or continued is not an abuse of process and that there are reasonable grounds for the proceeding;

(b) the person making the application for leave may seek the rescission of the order made under subsection (1) but may not seek any other relief on the application;

(c) the court may rescind the order made under subsection (1);

(d) the Attorney General is entitled to be heard on the application; and

(e) no appeal lies from a refusal to grant relief to the applicant.

[2] This Application is for such leave. It should be noted that subsection 140(4)(e), provides that “no appeal lies from a refusal to grant relief” from the Order of Justice McKeown. As well, I have considered the matters in the Application and considered the submissions made by the Applicant and find that there are no grounds upon which I can grant leave as requested by the Applicant.

[3] The Application is therefore dismissed.

Pollak J.

Date: November 1, 2013