



COURT OF APPEAL FOR ONTARIO

CITATION: Peciukaitis v. Forest Harbour Ratepayers
    Incorporated, 2014 ONCA 200

DATE: 20140317

DOCKET: C57015

Feldman, Lauwers and Strathy JJ.A.

BETWEEN

Colleen Peciukaitis

Appellant (Plaintiff)

and

Forest Harbour Ratepayers Incorporated

Respondent (Respondent)

Colleen Peciukaitis, appearing in person

Kurt K. Pereira, for the respondent

Heard: March 12, 2014

On appeal from the order of Justice John R. McCarthy of
    the Superior Court of Justice, dated April 12, 2013.

ENDORSEMENT

[1]

The appellant appeals the decision of McCarthy J. dated April 12, 2013
    where he dismissed her motion for a fair trial as non-justiciable, and struck
    her statement of claim as an abuse of process.

[2]

The action was an attempt to re-litigate a boundary dispute claim that
    was resolved by minutes of settlement and the exchange of mutual releases in
    2006. The appellants effort to subsequently reopen the claim in 2006 was
    dismissed by MacKinnon J. and that decision was upheld by the Divisional Court
    in 2007 OJ 1272.

[3]

We see no error in the decision of McCarthy J. The appeal is dismissed
    with costs fixed at $2000 inclusive of disbursements and HST.

K. Feldman J.A.

P. Lauwers J.A.

G.R. Strathy J.A.


