In a decision released in June 2013, the Ontario Court of Appeal upheld a decision by the Ontario Superior Court of Justice declaring Mr. William Malamas to be a “vexatious litigant.”
Mr. Malamas is a former real estate agent who held a number of properties in the Danforth area of Toronto. His property values were significantly affected by the recession of the late 1980s and early 1990s, and he became involved in decades-long litigation related to his properties. This litigation was primarily unsuccessful and routinely involved re-litigating issues and attempting to re-open matters that had been fully and finally resolved by settlement agreements.
Between 2005 and 2011, Mr. Malamas sued 16 of the lawyers and law firms that had represented him during his 20-year-long legal battle, seeking over $300 million in damages and alleging that his lawyers had deliberately caused him to lose his various legal cases.
Mr. Malamas’ pattern of conduct included ignoring procedural rulings, commencing claims with little or no merit, and refusing to pay costs orders issued by the courts.
In June 2012, twenty-seven parties who were being sued by Mr. Malamas brought a joint and omnibus application to the Superior Court of Justice, seeking to have him declared a vexatious litigant. The court has the authority to declare a litigant vexatious in certain narrow circumstances. Such an order is rare, as it restricts a person’s access to the courts and legal processes.
In Mr. Malamas’ case, Justice Newbould agreed that he was a vexatious litigant based on his pattern of re-litigating the same matters, commencing meritless claims, persistently pursuing unsuccessful appeals, and ignoring court rulings and costs orders.
As a result of the order, Mr. Malamas is not entitled to pursue any further legal proceedings without permission of the court. If permission is granted, he must pay any outstanding costs orders and post security for costs before being allowed to proceed with litigation.