In family law, disputes can become prolonged and complex over high emotional drive. Some individuals exploit the legal system to harass or burden others through repeated, baseless filings, where the courts exist to provide a fair resolution. These individuals are known as vexatious litigants.
Vexatious litigants pose unique challenges, particularly in family law cases where the stakes are deeply personal, as recognized under Canadian law. This article explores the concept of vexatious litigation, its implications, and the measures available to prevent abuse of the justice system in Canadian family law.
What Is a Vexatious Litigant?
An individual who repeatedly brings legal actions or continues litigation without reasonable grounds to delay, harass, or financially burden the opposing party is called a vexatious litigant. This behavior can manifest in family law through persistent motions, appeals, or filings that have already been dismissed or lack merit. Canadian courts take vexatious litigants very seriously because they vandalize the judicial process and waste valuable court resources.
The court determines a vexatious litigant based on behavior patterns, including filing silly claims, disregarding court rulings, or engaging in legal tactics to frustrate other parties rather than resolve legitimate disputes. A litigant may be required to obtain judicial permission before initiating or continuing any legal proceedings, once declared vexatious, ensuring that the courts are not misused for harassment or obstruction.
Why Courts Take It Seriously in Family Law?
Family law matters often make the emotional and financial stakes particularly high, with highly personal issues such as child custody, support, and property division. For vexatious litigant behaviour, it can prolong disputes, drain the resources of both the opposing party and the courts, and create unnecessary stress.
Vexatious litigation undermines the legal system’s efficiency and fairness, so the court takes it very seriously. Repeated, meritless filings can increase costs, cause emotional harm to families, especially children, and delay the resolution of genuine claims. The justice system relies on fair and timely access for all parties, but persistent abuse of the court system can erode public confidence in the justice system.
Courts aim to protect the integrity of the judicial process by identifying and managing vexatious litigants. The court ensures that family law shields vulnerable parties from harassment or undue financial burden disputes are resolved on their merits. The courts balance the right of individuals to access justice by identifying vexatious litigation and preventing abuse of the system.
Legal Tools and Procedures in Canada
Canadian courts have established specific legal tools and procedures to prevent and manage vexatious litigation in family law disputes. These mechanisms protect parties from harassment while maintaining access to justice for legitimate claims.
Ontario has recently introduced a streamlined vexatious litigant regime. Here are the current and previous legal codes-
Current Legal Code
The key provision of Ontario is Section 140 of the Courts of Justice Act. It defines a vexatious litigant who repeatedly initiates proceedings without reasonable grounds or conducts litigation vexatiously.
In the current rule, Courts may formally declare an individual a vexatious litigant if they repeatedly file baseless or frivolous proceedings under Section 140 of the Courts of Justice Act. The litigant cannot commence or continue any legal proceedings without prior permission from a judge once declared. The vexatious litigant must obtain authorization before filing new claims if the court imposes a “judicial leave” requirement. Courts can issue costs orders and sanctions against vexatious litigants on filing documents electronically or in person, depending on the severity of the conduct.
Courts can dismiss or stay proceedings deemed frivolous, vexatious, or an abuse of process, under Rule 2.1 of the Rules of Civil Procedure.
These conditions allow courts to protect families and other parties from the financial and emotional burdens, harassment, and unnecessary delays caused by repeated meritless filings.
New Reformed Code
Ontario has reformed the system with Ontario Regulation 322/24, with a more integrated, efficient framework, effective from August 2, 2024. Reg 322/24 updates the CJA and RCP procedures, reinforcing the court’s authority to act on its initiative, allowing motions within ongoing cases instead of separate applications. Now, amendments to Section 140 allow judges of the Court of Appeal to issue vexatious litigant orders on their initiative rather than standalone applications.
The updated Rule 2.1 enables parties to seek a quick stay or dismissal of proceedings or motions through a much more structured and efficient process. The party must fill out a form to request a stay or dismissal, followed by an automatic registrar-issued form 2.1B to effect the stay or dismissal, triggering an immediate halt while the court makes a decision. This whole process is called the “mini-motion” procedure.
Rule 2.2 establishes a structured process for issuing vexatious litigant orders. The procedure includes notifying involved parties, allowing for responses (Form 2.2D) and replies (Form 2.2E), followed by judicial review, an optional hearing, and a final order.
These reforms increase efficiency, reduce procedural burden, enhance streamlining, and offer better protection against abuse of the judicial system in family law.
What are Common Indicators of Vexatious Conduct?
Judges look at the overall pattern of behavior to determine vexatious conduct. One of the most common indicators includes repeated, meritless filings that have already been decided or lack legal merit.
Other common indicators are re-litigating the same issues, ignoring or dismissing final decisions, disregarding court orders, excessive or abusive motions, scattering proceedings across multiple courts, improper motives, and ignoring legal advice or procedure.
Vexatious Act in the Context of Family Law
In family law, vexatious acts typically include repeated custody or access motions to alter parenting arrangements without new evidence or a genuine change in circumstances. Failure to comply with orders for child support, spousal support, or parenting schedules can be vexatious. A vexatious litigant uses the courts as a tool of harassment. They make baseless allegations to drag out proceedings and damage the other party’s credibility.
What are the Consequences of Being Labeled a Vexatious Litigant?
A vexatious litigant is a serious matter in Canadian law. If an individual is proven as a vexatious litigant, they will face consequences. A vexatious litigant cannot start new proceedings or motions without obtaining judicial leave.
If litigants are found to be frivolous, repetitive, or abusive, current cases may be stayed (paused) or dismissed outright. Courts may order the litigant to pay financial penalties and costs orders. Once labeled vexatious, the individual may loss his credibility before the court.
Final Words
Vexatious litigants pose a significant challenge in Canadian family law by repeatedly abusing court processes. Canadian courts believe they not only waste judicial resources but also inflict harm on families, especially children. Canadian courts have developed strong safeguards by recognizing vexatious litigants.
Recent Posts
About Post Author
