The appellant, previously declared a vexatious litigant, appealed a decision dismissing his application for permission to proceed and to set aside the vexatious litigant order.
The Divisional Court quashed the appeal, noting that section 140(4)(e) of the Courts of Justice Act explicitly bars appeals from a refusal to grant such relief.
Additionally, due to the appellant's serial abuse of the court process, the court ordered that he may not apply for or accept a fee waiver in any future proceeding without first obtaining a judge's order.