2015 MBCA 46, 2015 MBCA 46
Opinion
Citation: The Attorney General of Canada v. Lazar et al., Date: 20150429 2015 MBCA 46 Docket: AI14-30-08268 IN THE COURT OF APPEAL OF MANITOBA Coram: Mr. Justice Michel A. Monnin Madam Justice Holly C. Beard Madam Justice Diana M. Cameron BETWEEN : THE ATTORNEY GENERAL OF ) R. A. Lazar CANADA ) on his own behalf ) (Applicant) Respondent ) M. B. Tait and ) J. N.
Goodridge - and - ) for the Respondents ) RADU ALIN LAZAR and ROBYN ) Appeal heard and GERALDINE LAZAR ) Decision pronounced: ) April 29, 2015 (Respondents) Appellants ) CAMERON J.A. (for the Court): [ 1 ] The appellants appeal from the order of the application judge who found, pursuant to s. 73 of The Court of Queen’s Bench Act , C.C.S.M., c.
C280, that they persistently and without reasonable grounds instituted vexatious proceedings in the Court of Queen’s Bench and correspondingly ordered that they be prohibited from instituting or continuing any proceeding against Her Majesty the Queen in the right of Canada, or any of her ministers, agencies, servants or agents, except with leave of a judge. [ 2 ] This appeal was heard at the same time as the appellants’ appeal from the order of the appeal judge (the same judge as the application judge in this proceeding) dismissing their appeal from the decision of the Master striking their statement of claim against the Attorney General of Canada, Canada Revenue Agency and their representative, Kyle Kakoske (Court of Appeal file number AI14-30-08267). [ 3 ] We have reviewed the notice of appeal and the factum filed by the appellants in this appeal.
They are exactly the same as those filed in the appeal of the decision striking the statement of claim. Nothing in those documents raises a ground of appeal regarding the finding of vexatiousness or the corresponding order. [ 4 ] Therefore, we dismiss the appeal with costs on a solicitor-client basis. J.A. J.A. J.A.
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