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Hart v. Balice

Summary: The case involves Melissa Hart, who sought to withdraw and request a rehearing of an appeal decision from November 17, 2022, alleging that her evidence was overlooked. However, Hart was previously declared a vexatious litigant under section 140(1) of the Courts of Justice Act, which restricts her ability to commence or continue any proceedings without a judge's leave.

Key Points:

  • Vexatious Litigant Order: Melissa Hart was declared a vexatious litigant on June 13, 2023, which severely restricts her ability to file legal actions without specific court approval.
  • Current Motion: Hart's current motion sought to challenge a previous appellate decision. The Court of Appeal referenced Rule 2.1.03(1), which mandates that proceedings instituted or continued by a person under a vexatious litigant order without the necessary leave must be dismissed.
  • Court Decision: The Court of Appeal dismissed Hart’s motion on the basis that she did not obtain the required leave to institute or continue the proceeding, adhering to the guidelines of her vexatious litigant status.
  • Further Restrictions: The court also directed court staff not to accept any future filings from Hart in any civil proceeding unless she first obtained the necessary judicial leave or the existing order was rescinded.

Outcome: The motion was dismissed, reaffirming the restrictions imposed by Hart's status as a vexatious litigant. The court's decision underscores the consequences of such a designation and emphasizes the judiciary's mechanisms to prevent the misuse of legal resources. No amount was specified.

Melissa Hart
Law Firm / Organization
Self Represented
Patricia Hart
Law Firm / Organization
Not specified
Vitoria Balice
Court of Appeal for Ontario
M54623 (C70179)
Civil litigation
Not specified/Unspecified
Respondent