Szot v. Cozzi
- Citation
- 2025 ONCA 824
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Court of Appeal for Ontario
- Decision
- 28 November 2025
- Posture
- Collection / Appeal From Superior Court of Justice Order (s.140 Application)
- Language
- English
More details
- Court
- Court of Appeal for Ontario
- Decision
- 28 November 2025
- Posture
- Collection / Appeal From Superior Court of Justice Order (s.140 Application)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court held the application judge applied the correct test (Lang Michener) and there was no reversible error: the respondent had standing and the evidentiary record warranted declaring the appellants vexatious litigants, so the appeal must be dismissed.
Court disposition
Appeal dismissed; order of the application judge declaring the appellants vexatious litigants is affirmed.
Orders
- Vexatious litigant declaration against the appellants affirmed (personal capacity).
- Costs payable by the appellants to the respondent fixed at $17,000 all-inclusive.
02
Material facts
Parties
Jerzy Szot
Applicant (respondent) Counsel: Olivier Guillaume; Jordan ConwayPeter B. Cozzi and Peter B. Cozzi Professional Corporation
Respondents (appellants) Counsel: Howard ReiningerAmounts and remedies
- Costs Awarded: CAD 17,000
03
Procedural history
Posture
Collection / Appeal From Superior Court of Justice Order (s.140 Application)
04
Questions and positions
Legal issues
- 01
Whether the respondent had standing to bring a s.140 application
- 02
Whether the appellants should be declared vexatious litigants
- 03
Whether the application judge erred in law or fact in applying the test from Lang Michener Lash Johnston v. Fabian
Party arguments
- Applicant
- The respondent argued he had standing to bring the s.140 application and established a history of meritless litigation and a pattern of concerning conduct by the appellants toward a former client under disability, justifying a vexatious litigant declaration.
- Respondent
- The appellants argued the application judge erred in finding standing and in applying the legal test for vexatious litigants under Lang Michener, seeking to overturn the declaration.
05
Court’s reasoning
Legal principles
- 01
Lang Michener Lash Johnston v. Fabian (1987), 59 O.R. (2d) 353
Test for declaring a person a vexatious litigant based on history of meritless litigation and abusive litigation conduct
- 02
s. 140, Courts of Justice Act (Ontario)
Statutory authority for vexatious litigant proceedings under section 140
06
Ratio, limits and disposition
Ratio decidendi
The Court held the application judge applied the correct test (Lang Michener) and there was no reversible error: the respondent had standing and the evidentiary record warranted declaring the appellants vexatious litigants, so the appeal must be dismissed.
Obiter and limits
- For greater certainty the vexatious litigant order applies to the appellants in their personal capacity.
- The Court fixed costs payable by the appellants to the respondent at $17,000 all-inclusive.
Court disposition
Appeal dismissed; order of the application judge declaring the appellants vexatious litigants is affirmed.
- Vexatious litigant declaration against the appellants affirmed (personal capacity).
- Costs payable by the appellants to the respondent fixed at $17,000 all-inclusive.
Source and reliance status
Court of Appeal for Ontario · 28 November 2025
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal for Ontario
Judgment· 28 November 2025
Szot v. Cozzi Collection Decisions of the Court of Appeal Date 2025-11-28 Neutral citation 2025 ONCA 824 Docket numbers COA-25-CV-0266 Judges van Rensburg, Katherine; Miller, Bradley; Sossin, Lorne Subject Civil Decision Content
COURT OF APPEAL FOR ONTARIO CITATION: Szot v. Cozzi, 2025 ONCA 824 DATE: 20251128 DOCKET: COA-25-CV-0266 van Rensburg, Miller and Sossin JJ.A.
BETWEEN Jerzy Szot Applicant (Respondent) and Peter B. Cozzi and Peter B. Cozzi Professional Corporation Respondents (Appellants) Howard Reininger, for the appellants Olivier Guillaume and Jordan Conway, for the respondent Heard and rendered orally: November 26, 2025 On appeal from the order of Justice Lisa Brownstone of the Superior Court of Justice, dated January 21, 2025, with reasons reported at 2025 ONSC 424.
REASONS FOR DECISION [1] We are not persuaded that there is any reversible error in the application judge’s decision that the respondent had standing to bring a s. 140 application or in the declaration of the appellants as vexatious litigants. [2] The application judge’s reasons identify and apply the correct test under Lang Michener Lash Johnston v. Fabian (1987), 59 O.R. (2d) 353. The reasons carefully set out the appellants’ history of meritless litigation and concerning pattern of conduct in relation to his former client, who is a party under a disability and under the protection of the Public Guardian and Trustee. The appellants have not raised any ground of appeal that would justify allowing the appeal. [3] Finally, and for greater certainty, as all parties to the appeal agree, the vexatious litigant order is in respect of the appellants in their personal capacity. [4] Costs are payable by the appellants to the respondent fixed at $17,000 all-inclusive. “K. van Rensburg J.A.” “B.W. Miller J.A.” “L. Sossin J.A.”
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