Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35836
Elizabeth Balanyk v. Dutton Brock LLP
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-09-29 | Close file on Leave | |
| 2014-09-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-09-26 | Judgment on leave sent to the parties | |
| 2014-09-25 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the respondent’s response is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C55988, 2014 ONCA 122, dated February 12, 2014, is dismissed without costs. Dismissed, without costs |
|
| 2014-09-25 |
Decision on motion to extend time, see Judgment on Leave Application Dismissed |
|
| 2014-09-02 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-09-02 | Submission of motion to extend time, Abe Ro Mo | |
| 2014-08-08 | Response to motion to extend time, (Letter Form), Completed on: 2014-08-08 | Elizabeth Balanyk |
| 2014-08-08 | Certificate (if inappropriate for a judge to take part in adjudication), Conflict with Justice Karakatsanis | Elizabeth Balanyk |
| 2014-08-08 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2014-08-08 | Elizabeth Balanyk |
| 2014-07-18 | Motion to extend time, to serve and file the respondent's response (one copy missing - rec'd July 22, 2014), Completed on: 2014-07-22 | Dutton Brock LLP |
| 2014-07-03 | Certificate (on limitations to public access) | Dutton Brock LLP |
| 2014-07-03 | Respondent's response on the application for leave to appeal, motion for ext. of time required (rec'd July 18, 2014), Completed on: 2014-07-18 | Dutton Brock LLP |
| 2014-04-16 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2014-04-15 | Correspondence (sent by the Court) to, all parties - Acknowledgment letter | |
| 2014-04-14 | Correspondence received from, (Letter Form), Ms. Balanyk, dated April 10/14, Re: request for a fee waiver | Elizabeth Balanyk |
| 2014-04-14 | Certificate (if inappropriate for a judge to take part in adjudication), Conflict with Justice Karakatsanis | Elizabeth Balanyk |
| 2014-04-14 | Certificate (on limitations to public access) | Elizabeth Balanyk |
| 2014-04-14 | Application for leave to appeal, (4 volumes) Final CA Order missing (rec'd June 24, 2014), Completed on: 2014-06-24 | Elizabeth Balanyk |
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
| Name | Role | Status |
|---|---|---|
| Balanyk, Elizabeth | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Dutton Brock LLP | Respondent | Active |
Counsel
Party: Balanyk, Elizabeth
This party is not represented by counsel.
Party: Dutton Brock LLP
Counsel
Lauren Chen
438 University Ave.
Suite 1700
Toronto, Ontario
M5G 2L9
Telephone: (416) 593-4411
FAX: (416) 593-5922
Email: aproulx@duttonbrock.com
Summary
Keywords
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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 — Parties — Standing — Respondent law firm representing third parties against which applicant had initiated legal proceedings — Whether respondent had standing to bring motion pursuant to s. 140 of the Courts of Justice Act, R.S.O. 1990, c. C.43, to have applicant declared a vexatious litigant? — Whether Court of Appeal erred in dismissing applicant’s appeal from order declaring her a vexatious litigant? — Whether Court of Appeal erred in holding that fresh evidence sought to be adduced by applicant lacked probative value?
The respondent is a law firm that represents or has represented third parties who were sued by the applicant after some of those third parties barred the applicant from entering casinos which they operate. A summary judgment dismissing those actions was granted; however the applicant then filed a series of motions and appeals in relation to those actions. All of those proceedings either ended either in dismissals on the merits or due to procedural deficiencies or were halted by the issuance of orders for security for costs that the applicant was unable or unwilling to satisfy.
This series of events culminated with the respondent law firm filing an application seeking to have the applicant declared a vexatious litigant and seeking an order requiring her to obtain leave of the court before commencing or continuing any action in any court in Ontario.
Lower court rulings
Ontario Superior Court of Justice
11-4156, 2012 ONSC 5748
Application to declare applicant a vexatious litigant, granted;
Court of Appeal for Ontario
C55988, 2014 ONCA 122
Motion to file fresh evidence and appeal, dismissed
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
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Related links
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Related links
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 613‑996‑7933 or at 1‑888‑551‑1185.
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