Key Issues

Lenczner Slaght LLP applied to have Glyco and Drizen declared vexatious litigants under s. 140 of the Courts of Justice Act, arguing that their persistent and meritless litigation was an abuse of the court system.

Findings

• Litigation History:

  • Since 2017, Drizen has represented Glyco in at least 32 Ontario Superior Court proceedings.
  • None progressed to a merits hearing, with many dismissed on jurisdictional grounds or settled without significant monetary awards.
  • Drizen frequently accused opposing counsel and judges of bias and refused to pay court-ordered costs.

• Vexatious Litigant Indicators:

  • Repeatedly filing unmeritorious claims.
  • Ignoring adverse rulings and re-litigating resolved matters.
  • Suing opposing law firms and making voluminous filings.
  • Appealing multiple summary dismissals and jurisdictional findings.

• Court's Conclusion:

  • Drizen and Glyco’s litigation conduct met the criteria for vexatious litigants under established case law.
  • Despite claiming millions in damages, Glyco received only $50,000 in settlements from two cases, reinforcing the nuisance nature of the litigation.
  • Glyco functioned as Drizen’s litigation vehicle, justifying restrictions on both.

Court Orders

1. Litigation Prohibition: Drizen and any corporation he controls, including Glyco, cannot commence or continue proceedings in Ontario courts without leave.
2. Stay of Current Cases: All ongoing Glyco/Drizen cases are stayed unless court permission is granted.
3. Mandatory Notice: Drizen/Glyco must provide this ruling to any court, tribunal, regulatory body, police, or the Crown if litigating.
4. Nullity Order: Any proceedings filed without permission are automatically void.
5. Right to Appeal: Drizen/Glyco may appeal without leave under s. 140(2.3).
6. Costs: Lenczner Slaght LLP entitled to costs, with submissions due by February 10, 2025.
7. No damages were awarded