Can an appeal that raises "clearly arguable questions of law" be considered frivolous or vexatious?

Newfoundland and Labrador, Canada


The following excerpt is from Walsh v. Johnson, 2010 NLCA 6 (CanLII):

Although, conversely, an appeal that raises “clearly arguable questions of law” will not generally be regarded as frivolous (Holloway Estate v. Gillis, 2002 NLCA 68 per Wells, C.J.N.L. at para. 10), a proceeding may conceivably also be frivolous or vexatious for reasons other than lack of arguable merit, and thereby constitute an abuse of the court’s process. It is not necessary, for the purposes of this appeal, however, to itemize those circumstances. Analysis of the Grounds of Appeal

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