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January 30, 2018

Fine & Deo Obtains Vexatious Litigant Order

After eleven years of relentless litigation, the Superior Court of Justice has finally declared Michael Lahrkamp a vexatious litigant.

Michael Lahrkamp has been a thorn in the side of Metropolitan Condominium Corporation 932 (the “Corporation”) since 2006.  Since that time, Mr. Lahrkamp has initiated over a dozen proceedings against the Corporation, consuming hundreds of hours of directors’ and lawyers’ time, and placing a financial burden on the unit owners.

In a recent 12-day trial, Prattas, DJ described the proceedings brought by Mr. Lahrkamp as “unnecessary and were wholly without merit and a complete waste of time and money”.  Due to principles involving the law of costs in Small Claims Court, Prattas, DJ had to limit the award to the Corporation to $23,000, despite the Corporation’s costs exceeding $150,000.

As a result of the decision of Prattas, DJ, the Corporation brought a vexatious litigant application in the Superior Court of Justice.  In his reasons, Koehnen J. noted, as numerous Justices’ before him have, that Mr. Lahrkamp “had no legitimate cause of action, was on a fishing expedition, did not have a "shred of evidence" to support his claims and was being unreasonable in his requests”.

Mr. Lahrkamp ran for the board of directors on numerous occasions between 2008 and 2015 and was overwhelmingly defeated each time.  Nonetheless, he appeared to view himself as a de facto director, and on several occasions, requested to see all of the Corporation’s records for the fiscal year in question.  Koehnen J held:

“Whether Mr. Lahrkamp should be a director is for the condominium unit holders to decide. They have consistently and resoundingly rejected Mr. Lahrkamp's overtures in this regard. He should not be permitted to use the courts to subvert the unit holders' consistently and clearly expressed views”.

For your convenience, please find the links to the cases below:

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