Randall V. Johns

Applicants sought a declaration under the Substitute Decisions Act, 1992 that the respondents had effectively resigned as attorneys for property and personal care under powers of attorney granted by the grantor.

The respondents had signed a resignation notice stating that the resignation would become effective when delivered to the grantor and her five children, but the notice was not delivered to all of them.

The court considered the statutory framework governing resignation of attorneys under ss. 11 and 52 of the Act and the evidence regarding whether the attorneys had acted under the powers.

The court held that, regardless of statutory conditions, the respondents imposed their own express condition in the resignation document requiring delivery to all five children.

Because that condition was not satisfied, the resignation was ineffective.

The applicant brought a motion to strike the respondent’s statement of claim under Rule 21 of the Rules of Civil Procedure and an application under s. 140 of the Courts of Justice Act seeking a declaration that the respondent was a vexatious litigant.

The respondent had commenced a civil action asserting that he was a separate legal entity from the person involved in ongoing family proceedings and sought declarations granting him superior title and possession of his children.

The court held that the claim disclosed no reasonable cause of action, duplicated issues already before the family court, and constituted an abuse of process.

After reviewing the respondent’s extensive litigation history and repeated disregard of court orders, the court found that he persistently commenced meritless proceedings and conducted litigation in a vexatious manner.

The action was struck and the respondent was declared a vexatious litigant prohibited from commencing further proceedings without leave of the court.