The mother brought a motion to dismiss the father's new application for access under the Hague Convention, arguing it was an abuse of process and an attempt to relitigate issues already decided in a previous trial.
The court agreed, finding the new application was a vexatious attempt to relitigate the concluded Hague Convention trial, which was currently under appeal.
The court dismissed the father's application as an abuse of process under Rule 16(12) of the Family Law Rules.
However, the court declined to declare the father a vexatious litigant under s. 140 of the Courts of Justice Act, noting such a declaration requires a formal application rather than a motion.
