G. Carr

The plaintiff commenced an action relating to a 2006 real estate transaction, which was the third proceeding initiated regarding the same transaction.

The defendant lawyer moved to strike the claim against him for disclosing no reasonable cause of action, while the other defendants moved to dismiss the action as frivolous, vexatious, and an abuse of process.

The court granted both motions, finding the claim against the lawyer incomprehensible and incapable of amendment, and the claim against the other defendants a clear attempt to re-litigate issues already decided in prior proceedings.

The applicants sought an order under s. 140 of the Courts of Justice Act declaring the respondent a vexatious litigant.

The respondent had engaged in a decade-long pattern of re-litigating issues related to a real estate transaction, despite numerous unsuccessful actions and appeals.

The court found that the respondent met the characteristics of a vexatious litigant, as he persistently brought proceedings to determine issues already decided and rolled forward grounds into subsequent actions.

The application was granted against the primary respondent, but dismissed against his daughter, who had not initiated the vexatious proceedings.