What is the difference between a motion for a vexatious litigant order and an application for a similar order?
Canada (Federal), Canada
The following excerpt is from Bernard v. Canada (Attorney General), 2019 FCA 144 (CanLII):
I am not persuaded that these authorities are manifestly wrong within the meaning of Miller v. Canada (Attorney General), 2002 FCA 370, 220 D.L.R. (4th) 149. In terms of procedure, both motions and applications for a vexatious litigant order allow the party against whom a vexatious litigant order is sought to adduce all admissible evidence and make full submissions. Both motions and applications for a vexatious litigant order can be decided by a single judge. In both, the applicant may apply for more time to adduce evidence and make submissions if that is required. Thus, in all meaningful procedural aspects, motions for vexatious litigant orders are at least as fair as applications.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
Does the date of the Registrar's decision on a motion of objection to a motion to amend and amend the terms of an application to amend the application? (Canada (Federal), Canada)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the difference between a habeas corpus application and a similar application? (MultiRegion, United States of America)
Can a federal district court order a restraining order against a litigant who has a long history of abusive litigation? (MultiRegion, United States of America)
What is the test for a stay application to stay a motion of motion against a motion to remove a child from the family home? (Canada (Federal), Canada)
What is the test for a stay of execution of an order to allow an application to stay an order that would have prevented the application from entering into the United States? (Canada (Federal), Canada)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
Can a motion to vacate an order of confirmation made at one term, and the order vacating it at another term, be overturned by an appellate court? (MultiRegion, United States of America)
