Summary

37232

Jason Donald Nassr v. Laurie Ann Vermette

(Ontario) (Civil) (By Leave)

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Civil procedure – Costs – Security for costs – Vexatious litigant proceedings – Whether the court below erred in law by failing to grant the applicant’s request to dispense with compliance under the Rules of Civil Procedure – Whether the court below erred in law by failing to correctly apply the test for security for costs.

The parties have been involved in family law litigation since 2009. After numerous proceedings, Jason Nassr was declared to be a vexatious litigant pursuant to s. 140 of the Courts of Justice Act, R.S.O. 1990, c. C-43, by the Ontario Superior Court of Justice: Vermette v. Nassr, 2015 ONSC 2450. Laurie Ann Vermette brought a motion for security for costs in respect of Mr. Nassr’s appeal of that order. The Ontario Court of Appeal granted Ms. Vermette’s motion and ordered Mr. Nassr to pay $25,000 into court within 15 days, failing which the Registrar could dismiss his appeal. Mr. Nassr failed to pay the security for costs and, on motion by Ms. Vermette, the appeal was dismissed accordingly by the Court of Appeal. Mr. Nassr seeks leave to appeal that order.

Lower Court Rulings

May 12, 2015
Ontario Superior Court of Justice

CV-14-21467, 2015 ONSC 2450, FS-09-8867, CV-15-21792
Respondent’s application to declare the applicant a vexatious litigant pursuant to s. 140 of the Ontario Courts of Justice Act, granted.
September 16, 2015
Court of Appeal for Ontario

Respondent’s motion for an order for security for costs in respect of the applicant’s appeal, allowed; applicant’s cross-motion to strike portions of respondent’s materials, allowed in part.
July 13, 2016
Court of Appeal for Ontario

M46598, C60583
Respondent’s motion for an order dismissing the applicant’s appeal for failure to comply with order for security for costs, allowed; appeal dismissed.
 

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