COURT OF APPEAL FOR ONTARIO
CITATION: Son v. Khan, 2019 ONCA 100
DATE: 20190208
DOCKET: C65694
Hourigan, Miller and Paciocco JJ.A.
BETWEEN
Young-Hew Son and Young Son
Plaintiffs (Respondent in Appeal)
and
Daud Ahmad Khan, Fawad Khan and Ishaq Ahmad Khan
Defendants (Appellants)
Fawad Khan and Daud Khan, appearing in person
Sang Joon Bae, for the respondents
Heard: February 8, 2019
On appeal from the order of Justice Silja S. Seppi of the Superior Court of Justice, dated June 26, 2018.
APPEAL BOOK ENDORSEMENT
[1] The appellants appeal the order of the motion judge, which among other things, made an order under s. 140 of the Courts of Justice Act declaring the appellants to be vexatious litigants.
[2] Mr. Fawad Khan made submissions on behalf of all of the appellants. He persuaded us that the motion judge erred in referring to 20 motions since the order of Price J. dated December 6, 2016, when the number is actually seven. However, this is not a palpable and overriding error.
[3] Mr. Khan has not persuaded us that the motion judge otherwise erred. There was a clear evidentiary record supportive of her conclusion that the appellants are vexatious litigants, including the findings of Price J. and Kurz J. We see no error in her analysis or conclusion.
[4] The appeal is dismissed. The appellants shall pay costs of the appeal to the respondent in the all-inclusive sum of $2,800.00. Order to go as endorsed by me.