COURT OF APPEAL FOR ONTARIO
CITATION: LeBlanc v. Alghamdi, 2023 ONCA 37
DATE: 20230120
DOCKET: M53883 (C70299)
Feldman, Lauwers and Roberts JJA.
BETWEEN
Ian LeBlanc, Gil Huns LeBlanc (also known as Gilles LeBlanc)
and Clara Ocampo
Applicants (Respondents)
and
Lina Saleh Ahmed Alghamdi, also known as Lina Saleh Ahmed Algahamdi, also known as Lina Ahmed
Respondent (Appellant)
Lina Ahmed, acting in person
J.F. Lalonde, for the respondents
Heard: In writing January 16, 2023
REASONS FOR DECISION
[1] For reasons reported at 2022 ONCA 687, this court dismissed the moving party’s appeal from a decision of the Superior Court that declared the moving party a vexatious litigant under s.140 of the Courts of Justice Act, R.S.O. 1990, c. C.43, and prohibited her from initiating or continuing any proceeding against the respondents without leave of the Superior Court.
[2] The moving party then brought a motion under Rule 59.06 of the Rules of Civil Procedure to set aside or vary the appeal decision on the basis of fraud. In accordance with s. 19 of the Courts of Justice Act, the court initiated proceedings under Rule 2.1.02(1), which provides:
The court may, on its own initiative, stay or dismiss a motion if the motion appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.
[3] There is no basis to set aside the decision of this court on appeal. The material filed by the moving party takes issue with the reasons of the court. There is no fraud. The motion is dismissed as frivolous, vexatious and an abuse of process of the court.
“K. Feldman J.A.”
“P. Lauwers J.A.”
“L.B. Roberts J.A.”