The applicant brought an application seeking a declaration that the respondent is a vexatious litigant under s. 140 of the Courts of Justice Act.
The respondent had a history of initiating multiple unsuccessful civil actions against various professionals following the suspension of his driver's licence, and had previously been declared a vexatious litigant in Ontario and British Columbia regarding other matters.
The court applied the Fabian factors and found that the respondent persistently and without reasonable grounds instituted vexatious proceedings.
The application was granted, the respondent was declared a vexatious litigant, and all his existing proceedings in Ontario were stayed pending leave of the court.
