Dr. Alan B. Douglass

The applicant, a declared vexatious litigant, sought leave under s. 140 of the Courts of Justice Act to continue an action against his former lawyer for alleged negligence in civil and criminal matters.

The court applied the test for granting leave, which requires the applicant to show the proceeding is not an abuse of process and has reasonable grounds.

The court found that the alleged negligence in the civil matter did not alter the fact that the underlying action was an abuse of process, and the alleged failure to retain an expert in the criminal matter would not have changed the conviction.

The application for leave was dismissed.

The self-represented plaintiff commenced two civil actions against police officers and their employer, seeking over $1 million in damages following his conviction for impaired driving.

He alleged the officers' conduct caused him to hire incompetent counsel, leading to his conviction.

The defendants moved to strike the claims.

The court granted the motions, finding the claims were a collateral attack on the plaintiff's criminal conviction, which had already been upheld on appeal.

The court held the pleadings disclosed no reasonable cause of action and constituted an abuse of process, striking them out without leave to amend.