Court File and Parties
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: PEOPLES TRUST COMPANY, DAVID BROOKER, TARAS KULISH, MOSES MUYAL, MICHAEL HAROLD KIMBERLY, STANCER GOSSIN ROSE, BLAIR COLEMAN ROSE, RAYMOND STANCER, MITCHELL HART ROSE, ROSE AND ROSE, BLAIR COLEMAN ROSE, SCOTT KELLY, RON HATCHER, STEINBERG MORTON FRYMER LLP, RAHUL SHASTRI, IRA T. KAGAN, DAVID WINER, DAVID SLOAN, BAKER SCHNEIDER RUGGIERO, PATRICE CÔTÉ, MICHAEL JOHN MITCHELL, NICHOLAS CARLOS CANIZARES, DAVID HART, BRESVER SCHEININGER & CHAPMAN LLP, RUI RUIVO, FRANK PA, ATLANTIC (HS) FINANCIAL CORPORATION, TOM PIRES, MEGACORP, KRISHNAN CHAHAL and NUTAN CHAHAL, Applicants
AND:
NADIRE ATAS and 626381 ONTARIO LIMITED, Respondents
BEFORE: Firestone RSJ
COUNSEL: Christina Wallis, for the Applicant, Peoples Trust Company Gary M. Caplan, for the Applicants, other than Peoples Trust and the Chahals Liz Roberts, for the Applicants, Krishnan Chahal and Nutan Chahal Nadire Atas, acting in person, for the Respondents
Endorsement
1On October 16, 2023, Nadire Atas sent an email to my judicial assistant requesting “direction and/or order to schedule and proceed with my motion to set aside and nullify the Judgement et al. of the Judgment [sic] Court file No. CV-14-515899” (the “Vexatious Litigant Judgment”).
2The Vexatious Litigant Judgment, issued January 3, 2018, sets out the process. It orders that the respondents, including Ms. Atas, are prohibited, either directly or indirectly, from instituting or continuing any motion until such time as they have obtained leave pursuant to section 140(3) of the Courts of Justice Act, R.S.O., c.C.43 as amended (the “Act”).
[3) Further, the Vexatious Litigant Judgment orders that the respondents, including Ms. Atas, are prohibited from commencing any application under section 140(3) of the Act for leave to proceed with a proceeding or step in a proceeding in any court in Ontario until they have obtained an order from the case management judge giving them permission to do so. Such order is to be obtained through a motion in-writing on a without notice basis in accordance with the process specified therein.
4I have appointed Justice W. S. Chalmers as the Case Management Judge. In accordance with the Vexatious Litigant Judgment, any request to bring any motion should be made to Justice Chalmers.
Firestone RSJ
Date: October 18, 2023