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Civil Litigation Dicta - Motions - Prohibiting Without Leave. Kakoutis v. Bank of Nova Scotia
In Kakoutis v. Bank of Nova Scotia (Ont CA, 2026) the Ontario Court of Appeal considers R37.16 ['Prohibiting Motions without Leave']:THE RESPONDENT’S CROSS-MOTION TO PROHIBIT FURTHER MOTIONS
[16] The respondent brings a cross motion for an order pursuant to r. 37.16 of the Rules, which provides as follows:On motion by any party, a judge or associate judge may by order prohibit another party from making further motions in the proceeding without leave, where the judge or associate judge on the hearing of the motion is satisfied that the other party is attempting to delay or add to the costs of the proceeding or otherwise abuse the process of the court by a multiplicity of frivolous or vexatious motions. [17] This court has found an order under r. 37.16 warranted in some of the following circumstances:(a) where a litigant has repeatedly filed review or other motions in the same proceeding: see Hoang v. Mann Engineering Ltd., 2015 ONCA 838; Damallie v. Ping, 2017 ONCA 146; and Bajouco v. Green, 2017 ONCA 493;
(b) when a litigant has disregarded a previous order or brought procedural motions in the wrong court: see Lum v. College of Physiotherapists of Ontario, 2020 ONCA 271, at paras. 17-18; and
(c) where there have been lengthy proceedings, including numerous and substantial unpaid costs orders against the litigant: see Susin v. Susin, 2018 ONCA 549, at para. 12.
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