Background:

• Mr. Flight's Allegations:
  • Claims his former spouse and bookkeeper, Julie Leblanc, misappropriated over $200,000 using a power of attorney.
  • Filed multiple lawsuits related to these claims, including against Ms. Leblanc, a trustee in bankruptcy, and the Bank.
• Previous Legal Actions:
  • The initial lawsuit against Ms. Leblanc was dismissed due to Mr. Flight's status as an undischarged bankrupt.
  • Subsequent actions included suing the trustee in bankruptcy and the Bank.

Motion Judge's Decision:

• The Bank's motion to strike Mr. Flight's statement of claim and dismiss the action was granted.
• Key Reasons:
  • The action was considered a collateral attack on a previous court ruling.
  • The claim was time-barred based on the knowledge of the alleged fraud by January 2018.

Appeal and Analysis:

• The Bank sought an order for Mr. Flight to post security for costs.
• Findings:
  • Mr. Flight's appeal appeared frivolous and vexatious.
  • Mr. Flight lacked sufficient assets in Ontario to cover the Bank's costs.
  • It was just to require security for costs given Mr. Flight’s repeated litigation on the same issues.

Orders:

1. Security for Costs:
   • Mr. Flight must post $25,000 by May 27, 2024, or face dismissal of his appeal.
2. Further Steps:
   • Mr. Flight cannot proceed with the appeal until the security is posted.
3. Costs:
   • The Bank awarded partial indemnity costs of $4,000.