Case information
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41559
Stuart Weinstein v. Toronto Standard Condominium Corp. No. 1466, et al.
(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) |
|---|---|---|
| 2025-06-12 | Bill of costs, UNDER REVIEW, Completed on: 2025-06-16 | Colm Brannigan |
| 2025-05-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-01 | Judgment on leave sent to the parties | |
| 2025-05-01 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-24-CV-0691, dated October 2, 2024, is dismissed with costs to the respondents Toronto Standard Condominium Corp. No. 1466 and Colm Brannigan. Dismissed, with costs |
|
| 2025-04-30 | Notice of change of solicitor, (Letter Form), change of counsel, (Printed version due on 2025-05-07) | Colm Brannigan |
| 2025-03-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-14 | Applicant's reply to respondent's argument, (Book Form), to TSCC1466 and Colm Brannigan response., Completed on: 2025-01-20, (Printed version due on 2025-01-21) | Stuart Weinstein |
| 2025-01-09 | Notice of name, (Letter Form), (Printed version due on 2025-01-16) | Toronto Standard Condominium Corp. No. 1466 |
| 2025-01-09 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2025-01-16) | Toronto Standard Condominium Corp. No. 1466 |
| 2025-01-06 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - 23A (Rec'd 2025-01-09) - Notice of name (Rec'd 2025-01-09), Completed on: 2025-01-09, (Printed version filed on 2025-01-09) |
Toronto Standard Condominium Corp. No. 1466 |
| 2025-01-03 | Notice of name, (Letter Form), (Printed version filed on 2025-01-09) | Colm Brannigan |
| 2025-01-03 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-01-09) | Colm Brannigan |
| 2025-01-03 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-09) | Colm Brannigan |
| 2025-01-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-01-03, (Printed version filed on 2025-01-09) | Colm Brannigan |
| 2025-01-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-01-03 | Stuart Weinstein |
| 2024-12-20 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-12-27) | Francesco Deo |
| 2024-12-19 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 2024-12-27) - 23A (Rec'd 2024-12-20) , Completed on: 2024-12-27, (Printed version due on 2024-12-30) |
Francesco Deo |
| 2024-12-13 | Supplemental document, (Book Form), Applicant's factum | Stuart Weinstein |
| 2024-11-22 | Certificate (on limitations to public access), (Letter Form), Public Access to Information Form | Stuart Weinstein |
| 2024-11-22 | Letter advising parties of an incomplete application for leave to appeal | |
| 2024-11-12 | Supplemental document, (Book Form), Lower courts documents | Stuart Weinstein |
| 2024-11-12 |
Application for leave to appeal, (Book Form), 2 VOLUMES Missing: - Amended cover pages stating clearly which counsel represent which respondent (Rec'd 2024-11-22) - Public Access to Information Form (Rec'd 2024-11-22), Completed on: 2024-11-22 |
Stuart Weinstein |
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 |
|---|---|---|
| Weinstein, Stuart | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Toronto Standard Condominium Corp. No. 1466 | Respondent | Active |
| Deo, Francesco | Respondent | Active |
| Fine, Jonathan | Respondent | Active |
| Deo, Mario | Respondent | Active |
| Brannigan, Colm | Respondent | Active |
Counsel
Party: Weinstein, Stuart
This party is not represented by counsel.
Party: Toronto Standard Condominium Corp. No. 1466
Counsel
2300-439 University Ave
Toronto, Ontario
M5G 1Y8
Telephone: (416) 596-1283
Email: dsilla@fcl-law.com
Party: Deo, Francesco
Counsel
10 King Street East, suite 300
Toronto, Ontario
M5C 1C3
Telephone: (416) 360-2630
Email: snicoletta@genestmurray.ca
Party: Fine, Jonathan
Counsel
10 King Street East, suite 300
Toronto, Ontario
M5C 1C3
Telephone: (416) 360-2630
Email: snicoletta@genestmurray.ca
Party: Deo, Mario
Counsel
10 King Street East, suite 300
Toronto, Ontario
M5C 1C3
Telephone: (416) 360-2630
Email: snicoletta@genestmurray.ca
Party: Brannigan, Colm
Counsel
3200 - 130 Adelaide St W,
Toronto, Ontario
M5H 3P5
Telephone: (416) 594-4686
FAX: (416) 366-1466
Email: jdifederico@sblegal.ca
Summary
Keywords
Property — Condominiums — Applicant’s application dismissed as frivolous and vexatious — Appeal dismissed — Whether there was procedural unfairness — Whether there was misconduct — Whether the costs award was disproportionate — Whether there are important issues concerning procedural fairness for self- represented litigants, boundaries on Rule 2.1 of the Rules of Civil Procedure dismissals, and protection of condominium owners’ rights raised —Whether the applicant harassed anyone — Whether the lower courts erred.
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.
Mr. Weinstein commenced an application against the respondents seeking an order to set aside, vary or amend the May 13, 2021, judgment of Davies J., which was rendered in relation to the prior applications. Stevenson J. dismissed the application pursuant to Rule 2.1 of the Rules of Civil Procedure on the basis it was “…so clearly frivolous and vexatious that no formal motion to dismiss it is required”. The Court of Appeal agreed with Stevenson J. that Mr. Weinstein’s application was frivolous and vexatious, and dismissed the appeal with costs in the amount of $5,000.
Lower court rulings
Ontario Superior Court of Justice
CV-24-0071739
Application dismissed
Court of Appeal for Ontario
COA-24-CV-0691
Appeal dismissed with fixed costs
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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
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