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Appeals - An Appeal is an RCP 'Proceeding'. Hart v. Balice
In Hart v. Balice (Ont CA, 2024) the Ontario Court of Appeal notes that, for purposes of a CJA s.140 'frivolous and vexatious' order that bars the commencement of civil proceedings, 'proceedings' includes appeals:[2] By order dated June 13, 2023, Ms. Hart was declared a vexatious litigant under s. 140(1) of the Courts of Justice Act, R.S.O. 1990, c. C.43: Canada Mortgage and Housing Corporation v. Hart, 2023 ONSC 3544 at para. 41. The order prohibits Ms. Hart from commencing or continuing any proceedings in any court, except with leave of a judge of the Superior Court of Justice. The order also applies to appeals to this court: Kallaba v. Bylykbashi (2006), 2006 CanLII 3953 (ON CA), 265 D.L.R. (4th) 320, at para. 26, citing Varma v. Rozenberg, [1998] O.J. No. 4183 (C.A.), at para. 5.
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[5] In addition, as there is a vexatious litigant order in effect barring Ms. Hart from instituting or continuing any proceedings in any court without leave of a judge of the Superior Court of Justice, court staff are directed not to accept any further filings from Ms. Hart – in this proceeding or in any other civil proceeding – unless she has obtained leave from a judge of the Superior Court of Justice, or the June 13, 2023 order is set aside. . Bell v. Fishka
In Bell v. Fishka (Ont CA, 2022) the Court of Appeal notes that appeals are 'proceedings' under the Rules of Civil Procedure:[3] A proceeding includes an appeal. As this court noted in Simpson v. The Chartered Professional Accountants of Ontario, 2016 ONCA 806, 5 C.P.C. (8th) 280, at para. 43, “Rule 2.1 is meant to provide a streamlined procedure for disposing of proceedings and motions that on their face are frivolous, vexatious or otherwise an abuse of process.” . Hart v. Fullarton
In Hart v. Fullarton (Ont CA, 2021) the Court of Appeal considered whether an appeal fell under the RCP R1.03 definition of "proceeding" (it did):[5] While it is true that r. 1.03 does not include an appeal within its definition of “proceeding”, this court has held that the language “proceeding … in any court” in s. 140(1)(c) of the CJA includes a proceeding in the Court of Appeal and “proceeding” includes an appeal: Varma v. Rozenberg, [1998] O.J. No. 4183 (C.A.), at para. 5.
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