What is the test for vexatious litigants?

Alberta, Canada


The following excerpt is from Liu v. Matrikon Inc., 2010 ABCA 383 (CanLII):

The following criteria apply to determine if a litigant is vexatious, all of which have been met in this case: a. the bringing of one or more actions to determine an issue which has already been determined by a court of competent jurisdiction; b. where it is obvious that the action cannot succeed, or if the action would lead to no possible good, or if no reasonable person can reasonably expect to obtain relief; c. grounds and issues raised in one proceeding are rolled forward into subsequent actions and repeated or supplemented; d. failure to pay costs of unsuccessful proceedings; e. persistently taking unsuccessful appeals from judicial decisions; see Lang Michener v. Fabian, 1987 CanLII 172 (ON SC), 1987 CarswellOnt 378 (HC) at para. 20.

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