Ontario v. Coote
The Court upheld the application judge’s detailed factual and legal findings that the appellant met the statutory criteria in s.140 to be declared a vexatious litigant and found no error in those reasons; accordingly the appeal was dismissed and the costs awards were affirmed.
Source-derived case information.
- Citation
- 2011 ONCA 562
- Parties
- Respondent: Her Majesty the Queen in Right of Ontario; Appellant: Antoine Coote aka Antoine Coote aka Claufield Anthony St. Orbin Coote; Respondent: Lawyers’ Professional Indemnity Company
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 August 2011
- Procedural Posture
- Civil / Appeal From Superior Court (application Declaring Appellant a Vexatious Litigant); Appeal Heard and Dismissed by Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Vexatious Litigant, Courts of Justice Act S.140, Costs Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen in Right of Ontario
Respondent
Antoine Coote aka Antoine Coote aka Claufield Anthony St. Orbin Coote
Appellant
Lawyers’ Professional Indemnity Company
Respondent
Procedural Posture
Civil / Appeal From Superior Court (application Declaring Appellant a Vexatious Litigant); Appeal Heard and Dismissed by Court of Appeal
Legal Issues
- 1 Whether the appellant should be declared a vexatious litigant under s.140 of the Courts of Justice Act
- 2 Whether the application judge erred in fact or law in making the declaration
- 3 Whether the costs awards made below should be disturbed
Ratio Decidendi
The Court upheld the application judge’s detailed factual and legal findings that the appellant met the statutory criteria in s.140 to be declared a vexatious litigant and found no error in those reasons; accordingly the appeal was dismissed and the costs awards were affirmed.
Court Disposition
Appeal dismissed
Orders
- Costs to Lawyers’ Professional Indemnity Company of the appeal and motion fixed at $10,000 inclusive of taxes and disbursement
- Costs to the Attorney General for the appeal and motion fixed at $500 inclusive of taxes and disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Ontario v. Coote Collection Decisions of the Court of Appeal Date 2011-08-24 Neutral citation 2011 ONCA 562 Docket numbers C53319 Judges Sharpe, Robert J.; Armstrong, Robert Patrick; Karakatsanis, Andromache Rhea Subject Civil Decision Content CITATION: Ontario v. Coote, 2011 ONCA 562 DATE: 20110824 DOCKET: C53319 COURT OF APPEAL FOR ONTARIO Sharpe, Armstrong and Karakatsanis JJ.A. BETWEEN Her Majesty the Queen in Right of Ontario Respondent and Antoine Coote aka Antoine Coote aka Claufield Anthony St. Orbin Coote Appellant and Lawyers’ Professional Indemnity Company Respondent and Antoine Coote aka Antoine Coote aka Claufield Anthony St. Orbin Coote Appellant Antoine Coote, in person Jeremy Glick and Zachary Green, for Her Majesty The Queen in Right of Ontario Raj Anand and Faren H. Bogach, for the Lawyers’ Professional Indemnity Company Heard: August 23, 2011 On appeal from the judgment of Justice K.M. Van Rensburg of the Superior Court of Justice dated February 10, 2011. APPEAL BOOK ENDORSEMENT [1] The application judge gave very thorough reasons fully explaining the factual and legal grounds for declaring the appellant to be a vexatious litigant pursuant to s. 140 of the Courts of Justice Act. We see no error in those reasons. Appeal dismissed. [2] Costs to Lawyers’ Professional Indemnity Company of the appeal and motion fixed at $10,000 inclusive of taxes and disbursement and to the Attorney General for the appeal and motion fixed at $500 inclusive of taxes and disbursements.