Vacaru v. Legge
FELICIA VACARU
Law Firm / Organization
Self Represented
JOHN LEGGE
Law Firm / Organization
Antoniou Law
LEGGE AND LEGGE
Law Firm / Organization
Antoniou Law
TANYA PAGLIAROLI
Law Firm / Organization
Antoniou Law
TAP LAW
Law Firm / Organization
Antoniou Law
Lawyers’ Professional Indemnity Company
Law Firm / Organization
Clyde & Co Canada LLP
Lawyer(s)

Mark Mandelker

Overview:

  • Parties: Felicia Vacaru (Plaintiff) vs. John Legge, Legge & Legge, Tanya Pagliaroli, TAP Law, and proposed addition of Lawyers' Professional Indemnity Company (Defendants).
  • Claim: $3.5M in damages for alleged conspiracy, perjury, and introduction of falsified evidence during prior litigation.

Key Allegations:

  1. The defendants, including Ms. Vacaru's former lawyer (Legge) and his counsel (Pagliaroli/TAP Law), fabricated and misrepresented evidence during prior divorce and professional negligence proceedings.
  2. Vacaru claimed that the Lawyers’ Professional Indemnity Company (LawPro) instructed or supported this misconduct.

Court Decision:

  • Defendants’ Motion: Sought to dismiss the claim entirely as:
    • Frivolous, vexatious, and an abuse of process.
    • A collateral attack on previous rulings upheld by the Court of Appeal.
    • Barred by the doctrine of absolute privilege (immunity for statements in court).
  • Ruling: The court dismissed Ms. Vacaru’s claim without leave to amend, agreeing it was an impermissible re-litigation of issues resolved in prior cases.

Legal Reasoning:

  • Abuse of Process: The claim improperly sought to challenge prior court decisions instead of pursuing appeal mechanisms.
  • Absolute Privilege: Statements made during court proceedings are immune from legal action.
  • No Reasonable Cause of Action: The claim lacked a basis in law, rendering it unsustainable.

Costs:

  • Defendants to submit costs within three weeks, with Ms. Vacaru allowed two weeks to respond. No amount specified.
Superior Court of Justice - Ontario
CV-23-5185
Civil litigation
Defendant