What is the test for a vexatious litigant order?

British Columbia, Canada


The following excerpt is from Watson v Strong, 2018 BCSC 692 (CanLII):

In Lindsay v. Canada (Attorney General), 2005 BCCA 594, Donald J.A. cited at para. 25 the following non-exhaustive list of principles that may be considered on an application for a vexatious litigant order: (a) 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; (b) 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; (c) 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; (d) 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; (e) 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; (f) 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. (g) the respondent’s conduct in persistently taking unsuccessful appeals form judicial decisions can be considered vexatious conduct of legal proceedings. See also Dawson v. Dawson, 2014 BCSC 44 at paras. 15ff. [Dawson]

Other Questions


Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
What is the scope of a vexatious litigant order? (British Columbia, Canada)
Does a full indemnity order need to be ordered between opposing litigants? (British Columbia, Canada)
What is the test for a vexatious litigant to seek an order for costs against the respondent? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
What are the factors used to determine whether a person is a vexatious litigant? (British Columbia, Canada)
Can a joint guardianship order be ordered even if there is no cooperation necessary for joint custody? (British Columbia, Canada)
Does an order under s. 9 of the Guidelines on Special and extraordinary expenses include a separate order as to special and extraordinary expense? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.