Moranis v. Toronto Real Estate Board
Lawrence Mark Dale
Law Firm / Organization
Not Specified
Stephen Moranis
Law Firm / Organization
KND Complex Litigation
Lawyer(s)

Eli Karp

Law Firm / Organization
Self Represented
Fraser Beach
Law Firm / Organization
Not Specified
Realtysellers (Ontario) Limited as assignor
Law Firm / Organization
Not Specified
The Toronto Real Estate Board
Law Firm / Organization
Gardiner Roberts LLP
Maureen O’Neill
Law Firm / Organization
Not Specified
Tom Lebour
Law Firm / Organization
Not Specified
Dorothy Mason
Law Firm / Organization
Not Specified
Deborah Abraham
Law Firm / Organization
Not Specified
Ron Abraham
Law Firm / Organization
Not Specified
Stuart Braund
Law Firm / Organization
Not Specified
Larry Cerqua
Law Firm / Organization
Not Specified
Paul Etherington
Law Firm / Organization
Not Specified
Heather Fuller
Law Firm / Organization
Not Specified
Ann Hannah
Law Firm / Organization
Not Specified
William Johnston
Law Firm / Organization
Not Specified
Garry Lander
Law Firm / Organization
Not Specified
Ken McLachlan
Law Firm / Organization
Not Specified
Rosalind Menary
Law Firm / Organization
Not Specified
Joseph Shum
Law Firm / Organization
Not Specified
Richard Silver
Law Firm / Organization
Not Specified
John DiMichele
Law Firm / Organization
Not Specified
Don Richardson
Law Firm / Organization
Not Specified
Phil Soper
Law Firm / Organization
Not Specified
David Brown
Law Firm / Organization
Not Specified
Wendy Carroll
Law Firm / Organization
Not Specified
Keith Tarswell
Law Firm / Organization
Not Specified
Tom Bosley
Law Firm / Organization
Not Specified

Main Issues and Rulings:

  1. Motion to Set Aside 2013 Settlement:

    • Filed by Moranis for the second action.
    • Dismissed due to lack of evidence, finality of settlements, and overlapping claims from the first and second actions.
    • Moranis lacked standing after assigning claims to a third party (Dale).
  2. Third Action (2023 Claim):

    • Filed by Moranis seeking relief identical to the first two actions.
    • Dismissed as an abuse of process under Rule 21.01(3)(d) for re-litigating settled/dismissed matters and undermining court integrity.

Court Findings on Conduct:

  • Moranis failed to comply with court-ordered deadlines for submissions.
  • His approach to litigation deemed frivolous, vexatious, and burdensome to the judicial system.
  • Strict adherence to court orders emphasized; delays without proper justification criticized.

Legal Principles Highlighted:

  • Finality of Settlements: Settlements must be respected unless substantial injustice is demonstrated.
  • Abuse of Process Doctrine: Re-litigation or misuse of judicial procedures harms justice and fairness.
  • Timetable Compliance: Parties are obligated to follow court-imposed deadlines.

Outcome:

  • Motions to Set Aside the Settlement and Third Claim Dismissed.
  • Costs submissions permitted by January 24, 2025, if unresolved between parties.
  • No specific monetary amounts were determined.
Superior Court of Justice - Ontario
CV-09-00389169-0000; CV-23-00696671-0000
Civil litigation
Defendant