The applicant sought an order under section 140(1) of the Courts of Justice Act declaring the respondent a vexatious litigant and staying an underlying negligence action commenced in 1999.
The record demonstrated an extensive history of repetitive motions, appeals, and attempts to re‑litigate issues that had already been resolved, including efforts to set aside a settlement and to add opposing counsel as defendants in a claim seeking extraordinary damages.
Applying the criteria for vexatious litigant orders articulated in Lang Michener v Fabian and subsequent jurisprudence, the court found the respondent had persistently advanced meritless proceedings and engaged in abusive litigation conduct.
The court concluded that the respondent’s conduct constituted persistent litigation without reasonable grounds.
A vexatious litigant order was granted and the underlying action was permanently stayed.
