The respondent in a family law proceeding brought a motion to have the applicant declared a vexatious litigant under s. 140 of the Courts of Justice Act.
The respondent relied on the applicant's history of filing police complaints, a dismissed application to set aside a separation agreement, and a dormant Small Claims Court action.
The court dismissed the motion, finding that the applicant had not persistently instituted vexatious proceedings without reasonable grounds, as the family law claims were resolved and the Small Claims action was not duplicative.
However, the court cautioned the applicant about her out-of-court conduct and declined to award her costs despite her success on the motion, noting her unreasonable behaviour in ignoring a previous costs order.
