



COURT OF APPEAL FOR ONTARIO

CITATION: Ontario (Attorney General) v. Reyes, 2017 ONCA 786

DATE: 20171012

DOCKET: C63925

Sharpe, Blair and Epstein JJ.A.

BETWEEN

The Attorney General of Ontario

Respondent/ Plaintiff

and

Althea Reyes

Appellant/ Defendant

Althea Reyes, acting in person

Domenico Polla, for the respondent

Heard and released orally: October 6, 2017

On appeal from the order of Justice Paul M. Perell of the
    Superior Court of Justice, dated May 31, 2017.

REASONS FOR DECISION

[1]

The appellant asked for an adjournment of this appeal as she claims she
    did not receive the responding materials of the Attorney General.

[2]

We deny that request. The appellant has a history of making claims of
    this nature. The Attorney Generals materials were served in a timely fashion
    in accordance with the Order of Master Short and in addition, by mail at the
    address provided by the appellant on her notice of appeal.

[3]

We see no merit in this appeal. There is a lengthy history of vexatious
    proceedings, thoroughly set out in the reasons of the application judge, which
    fully justify a vexatious litigant order.

[4]

In the circumstances of this case, it was not a denial of actual justice
    or fairness for the Attorney General not to secure the appellants approval of
    the draft order.

[5]

The scope of the order is entirely in keeping with the s. 140 of the
Courts
    of Justice Ac
t and entirely justified by the appellants conduct. There is
    no merit in the appellants submission that the order infringes her
    constitutional rights and no merit to the suggestion that we should amend or
    alter the order in any way.

[6]

The motion judge did not err in awarding costs.

[7]

The appeal is dismissed.

[8]

We dispense with the need for the Attorney General to obtain the
    appellants approval as to the form in content of the order.

Robert J. Sharpe
    J.A.

R.A. Blair J.A.

Gloria Epstein
    J.A.


