What is the test for a "vexatious" claim?
Ontario, Canada
The following excerpt is from Chateauvert v. Chateauvert, 2019 ONSC 81 (CanLII):
In Thompson v. Fitzjames, [2004] O.J. No. 5218 (S.C.J.) Tulloch J., as he then was, adopted at para. 11 this definition of the term “vexatious”, which shows the narrowness of the exception: It means the bringing of an action: i. To determine an issue that has already been determined; ii. Where it is obvious that the action cannot succeed; or iii. Brought for an improper purpose, including the harassment of the respondent.
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