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CIVIL PROCEDURE - Parties - Vexatious litigants

Tuesday, August 13, 2019 @ 6:42 AM  


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Application by the Attorney General for a declaration that the respondent was a vexatious litigant and an order discontinuing his litigation in the Court. The respondent was an inmate in a federal penitentiary. He argued the judge should recuse himself on the bases of bias and incapacity. Two other courts had previously found the respondent to be vexatious.

HELD: Application allowed. There was no reason for the judge to recuse himself. The respondent displayed many badges of vexatiousness evidenced by the commencement of proceedings with dubious or non-existent merit, his unfounded and intemperate allegations of bias, illegality, incapacity and fraud against members of the Court and assertions and reassertions of these after they had been rejected. There was also filing of many motions and other irregular filings, with instances of relitigation, and the sending of inappropriate emails directly to Court officials and sometimes judges. The respondent’s access to the Court and his communications with the Registry was limited to specified matters and proceedings. All matters instituted by the respondent in this Court and currently before this Court were discontinued, including any pending motions in them, and the affected court files were to be closed.

Canada (Attorney General) v. Fabrikant, [2019] F.C.J. No. 774, Federal Court of Appeal, D.W. Stratas J.A., July 5, 2019. Digest No. TLD-August12019005