What is the test for vexatious claim?

British Columbia, Canada


The following excerpt is from Fyfe v Douglas, 2019 BCSC 761 (CanLII):

Lastly British Columbia contends the claim is vexatious because it establishes no cause of action known to law. It is obvious the claim cannot succeed and no useful purpose would be served by the resulting waste of court time and public resources: see Kent v. Translink, 2016 BCSC 224 at para. 9.

Other Questions


Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a plaintiff in a vexatious claim against the Attorney General of Canada be struck from their pleadings? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
In a personal injury claim for housekeeping services provided by a close friend, does the claim need to be reviewed carefully? (British Columbia, Canada)
Does a wilfully false statement in a motor vehicle accident claim constitute material material to another claim? (British Columbia, Canada)
In what circumstances will the Director of Directors of a Corporation be able to claim that a claim against the Corporation is based on an allegation that the Corporation has not paid the Director a fair share of the proceeds of litigation? (British Columbia, Canada)
What is the difference between moral claims and moral claims? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
Is there any case law supporting the argument that a claim is not a contractual claim? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.