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ARTICLE · 15 FEBRUARY 2023

When Enough Is Enough: A Case Of Vexatious Litigation

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In one of the "clearest cases" yet, the Court of Appeal recently exercised its jurisdiction to summarily dismiss an appeal as an abuse of process pursuant to r. 2.1.01(1) in Wilson v. Fatahi-Ghandehari, 2023 ONCA 74.

CanadaLitigation, Mediation & Arbitration
Lucy Sun
Lucy Sun
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In one of the "clearest cases" yet, the Court of Appeal recently exercised its jurisdiction to summarily dismiss an appeal as an abuse of process pursuant to r. 2.1.01(1) in Wilson v. Fatahi-Ghandehari, 2023 ONCA 74.

The respondent in the proposed appeal, Ms. Fatahi-Ghandehari, made a written request pursuant to r. 2.1.01(1) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 104, for the summary dismissal of appeal brought by the appellant, Stewart Wilson. Following receipt of this written request, the court invited written submissions in accordance with the procedures outlined under r. 2.1.01(3). After receiving the written submissions, the court allowed Ms. Fatahi-Ghandehari's request and summarily dismissed the appeal.

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