What constitutes a vexatious litigant?
What constitutes a vexatious litigant?
A ‘vexatious litigant’ is someone who persistently begins legal actions but doesn’t have sufficient grounds for doing so. Vexatious proceedings include cases that are started or pursued: to abuse the process of a court or tribunal. to harass or annoy, to cause delay or detriment, or for another wrongful purpose.
What is a vexatious prosecution?
Vexatious litigants are individuals who persistently take legal action against others in cases without any merit, who are forbidden from starting civil cases in courts without permission. …
What is a vexatious statement?
A vexatious claim or complaint is one (or a series of many) that is specifically being pressed on to cause an act of harassment, annoyance, frustration, worry, or even bring financial cost (such as engage a defence lawyer) to their defendant or respondent.
What is the legal meaning of vexatious?
Proceedings are vexatious if they are instituted with the intention of annoying or embarrassing the person against whom they are brought.
What is a vexatious person?
adjective. causing vexation; troublesome; annoying: a vexatious situation. Law. (of legal actions) instituted without sufficient grounds and serving only to cause annoyance to the defendant. disorderly; confused; troubled.
What happens to a frivolous or vexatious complaint?
If the Registrar is satisfied that a complaint is frivolous or vexatious, the complaint is dismissed.
Who is considered to be a vexatious litigant?
The court determined that Hicks “falls within the category of litigants ‘who continually abuse the court process by engaging in frivolous and vexatious litigation.’” The court then considered what measures could be taken in response to Hicks’ conduct.
What does Ontario Superior Court test for vexatious litigants?
The Court also outlined the discretion it has to issue orders to protect the administration of justice from vexatious litigants. GoodLife Fitness Centres Inc. v. Hicks, 2019 ONSC 4942 concerned the conduct of Anthony Hicks (“Hicks”), who worked at Goodlife Fitness Centres Inc. (“Goodlife”) as a personal trainer for over five years.
How does the courts of Justice Act prevent vexatious litigants?
It was explained that, in order to prevent vexatious litigants from abusing the judicial system, the courts rely on the preventive mechanism provided for in section 140 of the Courts of Justice Act (the “CJA”). Section 140 allows the court to vet legal action proposed by a person deemed to be a vexatious litigant before it is permitted to proceed.
Why was Hicks found to be a vexatious litigant?
In applying these principles to the conduct of Hicks, the court held that the majority of the criteria supported the determination that Hicks is a vexatious litigant. Importantly, the court noted that it is permitted to consider conduct outside the courtroom.