Vexatious Litigants, and the traits to consider.

Hi Everyone, its Kristy from Clearly Legal.

Let's talk today about Vexatious Litigants, and the considerations that go into having someone declared as a vexatious litigant.

A vexatious litigant is a person who repeatedly brings legal actions, often about the same facts over and over, without reasonable grounds, often to harass others or delay proceedings. This behavior can clog the courts and frustrate everyone involved.

What Defines a Vexatious Litigant?

The law, specifically Section 140 of the Civil Justice Act (CJA), defines a vexatious litigant as someone who persistently starts or continues legal proceedings without reasonable grounds. This person often acts in a way that wastes the court’s time or harasses other parties.

Several factors help identify a vexatious litigant:

• Repetitious legal actions: They file multiple lawsuits on the same or similar issues, even after courts have ruled against them.

• Lack of merit: Their claims usually have no solid legal basis and seem designed to annoy or burden others.

• Harassment through litigation: The goal is often to intimidate or exhaust the other party rather than resolve a genuine dispute.

• Inappropriate behaviour: This can include ignoring court rules, filing frivolous motions, or refusing to comply with court orders.

  
  

Why Courts Take Vexatious Litigation Seriously

Courts have limited resources, and vexatious litigants can drain those resources by forcing judges and staff to handle unnecessary cases. This delays justice for everyone else and increases legal costs. Vexatious litigants also often harass in order to be heard and get their own way.

To protect the system, courts can declare someone a vexatious litigant. This declaration restricts their ability to start new legal proceedings without permission from the court.

Real-World Example

Imagine you are involved in a property dispute. The other party files multiple lawsuits over minor issues, and by using various forms of their name, even after losing initial cases. They submit repetitive motions and ignore court deadlines, causing delays and increasing your legal costs.

In this situation, you can ask the court to declare the other party a vexatious litigant. Once declared, they must get court approval before filing new claims. This restriction helps prevent further harassment and protects your right to a fair hearing.

I clerked a few aspects of the property dispute, and, as you know, I have lots of motion and file organizing experience. Whether you are dealing with declaring someone a vexatious litigation, or you are simply dealing with organizing and motions, contact me at kristy@clearlylegal.ca  and we'll chat.