Elizabeth M. Traynor

The applicant was entirely successful in its application to have the respondent declared a vexatious litigant.

The applicant sought its costs of the application on a partial indemnity basis in the amount of $5,832.18.

The respondent, who was self-represented, did not file responding materials.

The court reviewed the claimed fees and disbursements, reducing the hourly rates for junior counsel and the law clerk to reflect local rates, and reducing the disbursements claimed for photocopying and process serving.

The court fixed the applicant's costs at $4,785.00 on a partial indemnity scale.

The applicant employer sought an order declaring its former employee a vexatious litigant under s. 140 of the Courts of Justice Act.

Following the end of his employment, the respondent initiated numerous unsuccessful judicial and non-judicial proceedings against the applicant and others, and sent hundreds of abusive and threatening emails.

The court found that the respondent's conduct met the criteria for a vexatious litigant, as he persistently and without reasonable grounds instituted proceedings to re-litigate determined issues, brought actions for improper purposes, and engaged in a strategy of abuse and harassment.

The application was granted, prohibiting the respondent from instituting or continuing proceedings without leave of the court.