Kakoutis v. Bank of Nova Scotia
The appeal was dismissed because the Milton action was an attempt to re-litigate issues that had previously been litigated or could have been litigated in the Toronto proceeding, making the action frivolous, vexatious and an abuse of process; the Court therefore affirmed dismissal and fixed costs at $5,000 on a...
Source-derived case information.
- Citation
- 2016 ONCA 919
- Parties
- Appellant: Louis Kakoutis; Appellant: Effie Kakoutis; Respondent: The Bank of Nova Scotia
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 8 December 2016
- Procedural Posture
- Civil Appeal / Court of Appeal Decision on Motion to Dismiss (appeal From Superior Court)
- Outcome
- Appeal dismissed
- Legal Topics
- Abuse of Process, Frivolous and Vexatious Actions, Issue Estoppel, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Louis Kakoutis
Appellant
Effie Kakoutis
Appellant
The Bank of Nova Scotia
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Decision on Motion to Dismiss (appeal From Superior Court)
Legal Issues
- 1 Whether the Milton action was an abuse of process by re-litigating issues previously litigated or that could have been litigated in the Toronto proceeding
- 2 Whether the action was frivolous and vexatious such that it should be dismissed
- 3 Whether costs should be awarded and in what amount
Ratio Decidendi
The appeal was dismissed because the Milton action was an attempt to re-litigate issues that had previously been litigated or could have been litigated in the Toronto proceeding, making the action frivolous, vexatious and an abuse of process; the Court therefore affirmed dismissal and fixed costs at $5,000 on a partial indemnity scale.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs of the appeal fixed at $5,000 on a partial indemnity scale inclusive of disbursements and applicable taxes payable to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
Kakoutis v. Bank of Nova Scotia Collection Decisions of the Court of Appeal Date 2016-12-08 Neutral citation 2016 ONCA 919 Docket numbers C62062 Judges Simmons, Janet M.; Pepall, Sarah E.; Huscroft, Grant Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Kakoutis v. Bank of Nova Scotia, 2016 ONCA 919 DATE: 20161205 DOCKET: C62062 Simmons, Pepall and Huscroft JJ.A. BETWEEN Louis Kakoutis and Effie Kakoutis Plaintiffs (Appellants) and The Bank of Nova Scotia Defendant (Respondent) Louis Kakoutis and Effie Kakoutis, in person Adrian Visheau, for the respondent Heard: November 18, 2016 On appeal from the judgment of Justice J. Trimble of the Superior Court of Justice, dated April 5, 2016. APPEAL BOOK ENDORSEMENT [1] The motion judge dismissed the appellants’ Milton action because he found the appellants were attempting to re-litigate issues that had previously been litigated or could have been litigated in a Toronto proceeding between them and the Bank. He therefore concluded the action was frivolous, vexatious and an abuse of process. Based on our review of the statement of claim in the Milton action and proceedings in the Toronto action, we agree. [2] The appeal is dismissed. Costs of the appeal are fixed in the amount of $5,000 on a partial indemnity scale inclusive of disbursements and applicable taxes payable to the respondent.