COURT OF APPEAL FOR ONTARIO
CITATION: Oliveria Jr. v. Mencel, 2025 ONCA 420
DATE: 20250605
DOCKET: M55843 (COA-24-CV-1051)
Huscroft, Trotter and Favreau JJ.A.
BETWEEN
Mario Oliveira Jr.
Plaintiff (Appellant/Moving Party)
and
James Mencel*, Jack Oliveira*, Joseph Mancinelli*, Salvatore Giraldi*, Roberto Giraldi*, Rosina Giraldi*, Guiliana Giraldi*, Andrew Cinerari* and Lisa Cinerari
Defendants (Respondents/Responding Party*)
Mario Oliveira, acting in person
Michael Saad, for the responding party James Mencel
Michael Wright and Youssef Kodsy, for the responding parties Jack Oliveira and Joseph Mancinelli
Adam Iggers, for the responding parties Salvadore Giraldi, Roberto Giraldi, Rosina Giraldi, Giuliana Giraldi and Andrew Cinerari
Heard and released orally: June 4, 2025
On review of the order of Justice B.W. Miller of the Court of Appeal for Ontario, dated January 22, 2025.
REASONS FOR DECISION
[1] This is an application to review the order of the motion judge, dismissing a motion to extend the time for Mr. Oliveira to perfect his appeal.
[2] Applying the decision in Enbridge Gas Distribution Inc. v. Froese, 2013 ONCA 131, 114 O.R. (3d) 636, the motion judge found that Mr. Oliveira had a genuine intention to perfect his appeal and that his delay in doing so was the result of inaccurate information that he received from court staff. However, the motion judge found that the appeal was so devoid of merit that it was not in the interests of justice to make the order extending the time to perfect the appeal.
[3] Mr. Oliveira has not identified any error of law, error in principle, or a palpable and overriding error of fact in the motion judge’s reasons. Moreover, we are not persuaded that the decision was unreasonable. Indeed, we agree with the motion judge’s finding that the appeal is completely devoid of merit. The underlying claim is abusive and vexatious. It is an improper use of the court process.
[4] Lastly, we reject the submission that the motion judge did not properly account for the fact that Mr. Oliveira is a self-represented litigant.
[5] The application is dismissed. Mr. Oliveira will pay costs of $500 to the respondent James Mencel, $500 to the respondents Jack Oliveira and Joseph Mancinelli, and $500 to respondents Salvadore Giraldi, Roberto Giraldi, Rosina Giraldi, Giuliana Giraldi and Andrew Cinerari, for a total amount of $1,500. All amounts are inclusive of HST and disbursements.
“Grant Huscroft J.A.”
“Gary Trotter J.A.”
“L. Favreau J.A.”