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32249

Reddy Krishnaveni Chavali, et al. v. Corporation of the Village of Rockcliffe Park (City of Ottawa)

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2008-04-29 Close file on Leave
2008-04-29 Certificate of taxation issued to, Stuart J. Huxley
2008-04-03 Decision on the bill of costs, in the amount of $841.77, Reg
2008-04-03 Submission of the bill of costs, Reg
2008-02-27 Bill of costs, Completed on: 2008-04-23 Corporation of the Village of Rockcliffe Park (City of Ottawa)
2007-12-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2007-12-21 Judgment on leave sent to the parties
2007-12-20 Judgment of the Court on the application for leave to appeal, The application for an extension of time to serve and file the motions for leave to intervene is granted and the motions for leave to intervene by the Sikh Social and Educational Society, Telugue Association of Canada and Telugue Association of North America and Trustee and Hindu Prarthana Samaj are dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C46164, 2007 ONCA 482, dated June 22, 2007, is dismissed with costs.
Dismissed, with costs
2007-12-20 Decision on motion for leave to intervene, (see above judgment)
Dismissed
2007-12-20 Decision on motion to extend time, (see above judgment)
Granted
2007-12-19 Order on motion to extend time
2007-12-19 Decision on motion to extend time, Reg, to serve and file a case law to Dec. 18/07 (endorsement on motion book)
Dismissed
2007-12-19 Submission of motion to extend time, Reg
2007-12-18 Motion to extend time, to file a case law (bookform) (joint with 32253), Completed on: 2007-12-18 Sikh Social and Educational Society
2007-11-19 All materials on application for leave submitted to the Judges, Bi LeB De
2007-11-19 Submission of motion to extend time, for leave to intervene, Bi LeB De
2007-11-19 Submission of motion for leave to intervene, Bi LeB De
2007-11-07 Response to the motion for leave to intervene, (Letter Form), from E.F. Anthony Merchant, Q.C. dated Nov. 7/07 re: will not file a response to the interventions, Completed on: 2007-11-07 Reddy Krishnaveni Chavali
2007-10-30 Motion to extend time, to file the 3 motions for leave to intervene to Oct. 30/07 (joint with 32253), Completed on: 2007-10-30 Sikh Social and Educational Society
2007-10-30 Motion for leave to intervene, (bookform), Completed on: 2007-10-30 Hindu Prarthana Samaj
2007-10-30 Motion for leave to intervene, (bookform), Completed on: 2007-10-30 Telugue Association of Canada and Telugue Association of North America and Trustee
2007-10-30 Motion for leave to intervene, (bookform), Completed on: 2007-10-30 Sikh Social and Educational Society
2007-10-29 Applicant's reply to respondent's argument, Completed on: 2007-10-29 Reddy Krishnaveni Chavali
2007-10-18 Respondent's response on the application for leave to appeal, (Service missing-rec'd Oct. 22/07), Completed on: 2007-10-22 Corporation of the Village of Rockcliffe Park (City of Ottawa)
2007-09-27 Letter acknowledging receipt of a complete application for leave to appeal
2007-09-20 Application for leave to appeal, Completed on: 2007-09-20 Reddy Krishnaveni Chavali

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Chavali, Reddy Krishnaveni Applicant Active
Chavali, Reddy Rajagopal Applicant Active

v.

Main parties - Respondents
Name Role Status
Corporation of the Village of Rockcliffe Park (City of Ottawa) Respondent Active

Counsel

Party: Chavali, Reddy Krishnaveni

Counsel
Name
E.F. Anthony Merchant, Q.C.
Contact information
Merchant Law Group
100 - 2401 Saskatchewan Drive
Regina, Saskatchewan
S4P 4H8
Telephone: (306) 359-7777
FAX: (306) 522-3299
Email: emerchant@mlg.saskatoon.sk.ca

Party: Chavali, Reddy Rajagopal

Counsel
Name
E.F. Anthony Merchant, Q.C.
Contact information
Merchant Law Group
100 - 2401 Saskatchewan Drive
Regina, Saskatchewan
S4P 4H8
Telephone: (306) 359-7777
FAX: (306) 522-3299
Email: emerchant@mlg.saskatoon.sk.ca

Party: Corporation of the Village of Rockcliffe Park (City of Ottawa)

Counsel
Name
Stuart Huxley
Contact information
City of Ottawa
110 Laurier Avenue West
3rd Floor
Ottawa, Ontario
K1P 1J1
Telephone: (613) 580-2424 Ext: 21630
FAX: (613) 560-1383

Summary

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 - Abuse of process - Vexatious litigants - Whether Court of Appeal erred in not finding that s. 140 of the Courts of Justice Act of Ontario violates ss. 2(b) and 7 of the Charter and in allowing a court order to stand which exceeded its jurisdiction - Whether Court of Appeal erred in declaring no right of appeal even in the face of a patently unreasonable decision.

In 1998, Cumming J. made an order pursuant to s. 140 of the Courts of Justice Act that found the Applicants, except for Wolf, to be vexatious litigants. All previously instituted and all prospective litigation could not, by virtue of this order, proceed without leave of the court under s. 140(3). The Applicants brought motions for leave to proceed under s. 140(3) and to rescind the order of Cumming J. These were dismissed for abuse of process. In 2006, the Respondents in SCC file no. 32253 obtained an order to supplement the vexatious litigant order, that would prohibit the Applicants from bringing any type of proceeding, including any motion for leave to proceed under s. 140(3), until they had paid in full any costs orders awarded against them in that application and in this, or until they obtained an order from the court granting them permission to bring an application under s. 140(3), such order to be obtained on an ex parte motion accompanied by an affidavit not exceeding five pages in length outlining the merits of the proposed application. The Respondent herein was not a party to that motion. The Applicants brought an ex parte application for leave to proceed under s. 140(3) to continue their action against the Respondent herein.

Lower court rulings

March 30, 1998
Ontario Court of Justice (General Division)

98-CV-141167

See file.

December 16, 1998
Court of Appeal for Ontario

C29428

See file.

August 25, 2005
Ontario Superior Court of Justice

02-CV-240436CM2

See file.

October 3, 2005
Ontario Superior Court of Justice

02-CV-240436CM2

See file.

May 24, 2006
Ontario Superior Court of Justice

02-CV-240436CM2

See file.

September 11, 2006
Ontario Superior Court of Justice

93-CQ-35468

See file.

June 22, 2007
Court of Appeal for Ontario

C46164, 2007 ONCA 482

See file.

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-02-27