Canada Judgment

Court of Appeal for Ontario

Szot v. Cozzi

On this page

Professional case brief

Research organized from the available case record

Source document

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 Conway

Peter B. Cozzi and Peter B. Cozzi Professional Corporation

Respondents (appellants) Counsel: Howard Reininger

Amounts and remedies

  • Costs Awarded: CAD 17,000

03

Procedural history

  1. Posture

    Collection / Appeal From Superior Court of Justice Order (s.140 Application)

04

Questions and positions

Legal issues

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

  1. 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

  2. 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.

Source document

Court of Appeal for Ontario

Judgment· 28 November 2025

2025 ONCA 824

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.”

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Lang Michener Lash Johnston v. Fabian (1987), 59 O.R. (2d) 353

Case cited

Szot v. Cozzi, 2025 ONSC 424 (application judge reasons)

Case cited

s. 140, Courts of Justice Act (Ontario)

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.