The applicants, who were former counsel to the respondent in a dismissed medical malpractice action, brought an application under s. 140 of the Courts of Justice Act to have the respondent declared a vexatious litigant.
Following the dismissal of the underlying action, the respondent had commenced three separate lawsuits against the applicants, all of which were dismissed as frivolous, vexatious, and an abuse of process.
The court found that the respondent persistently attempted to re-litigate determined issues, failed to pay costs awards, and engaged in harassing and manipulative behaviour towards the court and counsel.
The application was granted, and the respondent was prohibited from instituting or continuing any proceedings without leave of the court.
