Yoginder Gulia

The plaintiffs brought a motion for summary judgment in a simplified procedure action arising from a failed real estate transaction.

The defendants, as purchasers, failed to close the transaction and pay the balance of the purchase price.

The court granted partial summary judgment on liability, finding the defendants breached the agreement of purchase and sale, as they offered no defence to the breach.

However, due to errors and confusion in the plaintiffs' evidence regarding damages and mitigation, the court directed the issue of damages to proceed to a summary trial under Rule 76.

This case management endorsement records the signing of an order dismissing the outstanding litigation against the Chahals, in accordance with a prior endorsement.

The appellants appealed a vexatious litigant declaration made under section 140 of the Courts of Justice Act.

The appellants challenged the application judge's jurisdiction to hear the vexatious litigant application while serving as case management judge, the finding that they had acted vexatiously in defending proceedings, and the terms of the pre-screening Chavali order imposed.

The Court of Appeal upheld the declaration and all related orders, finding no jurisdictional error, no error in the assessment of evidence, and no abuse of discretion in the costs awards.

This endorsement addresses multiple motions and provides case management directions for Nadire Atas, who has been declared a vexatious litigant.

The court dismissed Ms. Atas's motion for recusal of the case management judge, finding no merit in her arguments regarding functus officio or apprehended bias.

The court also dismissed Ms. Atas's claims against the Chavalis and her counterclaims in the defamation proceedings due to her persistent failure to make required "Chavali requests" to advance them.

However, the court set aside the notings in default against Ms. Atas in the defamation proceedings to allow her to defend on the merits.

Further directions were given for motions for summary judgment in the defamation proceedings, dismissal motions by Peoples Trust and LawPro Defendants, and an interlocutory injunction motion.

The court emphasized the need for Ms. Atas to comply with case management orders to move the litigation forward, despite her ongoing appeals of the vexatious litigant declaration.

This endorsement addresses the costs of a s.140 application where Nadire Atas was declared a vexatious litigant.

The court awarded full indemnity costs to the successful applicants (Plaintiffs, Peoples Trust, Chahals, Lawpro) due to Atas's vexatious conduct both leading to and during the s.140 application.

The court also addressed Atas's continued improper communications and defiance of court orders, ordering her to attend an upcoming case management conference to explain her conduct.

The quantum of costs was reserved for further submissions, particularly regarding the appropriateness of three sets of counsel and overall proportionality.

The self-represented defendant requested a decision on her request to bring a stand-alone recusal motion and an emergency case management conference.

The court directed that the recusal issues be brought forward in response to the pending motion for an interlocutory injunction, dismissing the request for a stand-alone motion.

The request for an emergency case management conference was also denied as no urgent issue was raised.

This case management endorsement addresses multiple procedural issues in complex litigation involving a litigant previously declared vexatious by the HRTO.

The court denied the litigant's last-minute adjournment request, clarified requirements for fee waivers, and rejected a request to bring a stand-alone motion for recusal, directing that bias allegations be raised within an existing interlocutory injunction motion.

The endorsement also set strict deadlines for the litigant's compliance with previous orders and responding materials, emphasizing the court's role in preventing vexatious conduct and ensuring proportional and reasonable litigation.

This endorsement addresses multiple ongoing proceedings involving Nadire Atas, providing case management directions.

Key issues include Ms. Atas's late filing of an agenda, the transfer of personal property from a storage locker, the continuation of various claims against the Chahals and Sutton Group Realty, the management of three defamation actions (including pleadings, counterclaims, and injunctions), and the resolution of mortgage enforcement costs for Peoples Trust.

The court also addresses collateral attacks on previous judgments and outstanding solicitors' fees.

A significant directive is issued regarding Ms. Atas's access to transcripts, conditional on a payment towards outstanding costs owed to Peoples Trust due to her history of non-payment.

The applicants requested an urgent, ex parte case conference and interim relief regarding a fresh proceeding alleging the respondent breached an injunction through a severe internet attack.

The court declined to proceed without notice to the respondent, instead scheduling a mandatory urgent case conference and directing the applicants to serve the respondent with the materials.

In the context of numerous proceedings involving a vexatious litigant, the respondent sought the recusal of the case management judge and failed to comply with previous court directions, citing an intention to appeal.

The court affirmed its jurisdiction, noted that the judgment is not stayed pending appeal without a specific order from the Court of Appeal, and directed the respondent to comply with the required materials by a final deadline, failing which the underlying litigation would proceed based on her non-compliance.