What are the factors associated with vexatious proceedings?

Ontario, Canada


The following excerpt is from Foote v. Kim, 2012 ONSC 3734 (CanLII):

The courts have identified a number of factors which may be indicative of vexatious proceedings (McTeague v. Kalevar, 2005 Carswell Ont 337 (S.C.J.) at paras 37-61): (a) bringing one or more actions to deal with a dispute already decided by the court; (b) where it is obvious that an action cannot proceed or nothing of any use can be accomplished by maintaining the action; (c) actions brought for improper or collateral purposes; (d) actions based on grounds rolled forward into subsequent actions, repeated and supplemented; (e) actions against counsel who have acted against the litigant; (f) patterns of litigious conduct.

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