What is the test for vexatious conduct of legal proceedings?

Ontario, Canada


The following excerpt is from Hoang v. Mann Engineering Ltd., 2019 ONSC 6383 (CanLII):

In Dobson v. Green, 2012 ONSC 4432 (“Dobson”), K. Campbell J. reviewed the law and summarized the following principles applicable to vexatious proceedings (at para. 9): i) The bringing of one or more actions to determine an issue which has already been determined by a court of competent jurisdiction constitutes a vexatious proceeding; i) Where it is obvious that an action cannot succeed, or if the action would lead to no possible good, or if no reasonable person can reasonably expect to obtain relief, the action is vexatious; ii) Vexatious actions include those brought for an improper purpose, including the harassment and oppression of other parties by multifarious proceedings brought for purposes other than the assertion of legitimate rights; iii) It is a general characteristic of vexatious proceedings that grounds and issues raised tend to be rolled forward into subsequent actions and repeated and supplemented, often with actions brought against the lawyers who have acted for or against the litigant in earlier proceedings; iv) In determining whether proceedings are vexatious, the court must look at the whole history of the matter and not just whether there was originally a good cause of action; v) The failure of the person instituting the proceedings to pay the costs of unsuccessful proceedings is one factor to be considered in determining whether proceedings are vexatious; and vii) The respondent's conduct in persistently taking unsuccessful appeals from judicial decisions can be considered vexatious conduct of legal proceedings.

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