Trevor Goble appealed an order declaring him a vexatious litigant under section 140 of the Courts of Justice Act (CJA). This designation limits his ability to commence legal proceedings without permission.
Key Issues on Appeal:
Credibility of Evidence: Goble argued that the motion judge erred in assessing the evidence and improperly favored the evidence of Marie Pyper over his own.
Authority of Application: Goble contended that Pyper had no authority to initiate the s. 140 application on behalf of Onyx Community Services.
Vexatious Litigation History: Goble asserted that there were no previously decided matters that could justify labeling him as a vexatious litigant.
Court's Decision:
Appeal Dismissed: The court rejected all of Goble’s arguments, affirming the motion judge’s decision.
Credibility Assessment: The motion judge correctly assessed the evidence, including Goble’s extensive history of vexatious litigation, and made no errors in her findings.
Authority to Act: The court confirmed that Pyper, as the Executive Director of Onyx, was authorized to bring the application, and the respondents' counsel acted with proper authority.
Costs Awarded: The appeal was deemed frivolous and vexatious. The court ordered Goble to pay the respondents’ costs on a substantial indemnity basis, totaling $24,103.41.
