What are the signs of a vexatious proceeding?
Ontario, Canada
The following excerpt is from Deep v. College of Physicians and Surgeons, 2010 ONSC 5248 (CanLII):
Lang Michener Lash Johnston v. Fabian[9] sets out a number of identifying signs of a vexatious proceeding. These include: (a) Bringing one or more actions to determine an issue which has already been determined; (b) Finding it obvious the action cannot succeed, or would lead to no possible good, or if no person could reasonably expect to obtain relief; (c) Bringing a proceeding for an improper purpose, such as harassment and oppression of others by multifarious proceedings brought for purposes other than asserting legitimate rights. (d) “rolling forward” grounds and issues into subsequent actions, repeated and supplemented and often adding as defendants lawyers who acted for or against the litigant in earlier proceedings; (e) Failing to pay costs of unsuccessful proceedings (f) Persistently taking unsuccessful appeals from judicial decisions.
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