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CIVIL PROCEDURE - Parties - Vexatious litigants

Wednesday, October 30, 2019 @ 8:25 AM  


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Motion by Bernard seeking to set a hearing date for her judicial review application. Bernard sought judicial review of three decisions of the Federal Public Sector Labour Relations and Employment Board that refused to reconsider decisions that related to three other individuals. Bernard had no connection to the decisions. Bernard had been declared a vexatious litigant after she commenced her judicial review application. At the time the vexatious litigant declaration was made, the court did not address whether Bernard’s proceedings should be discontinued.

HELD: Motion dismissed; application for judicial review quashed. Section 40 of the Federal Courts Act permitted the court to discontinue a proceeding started by a vexatious litigant at any time and not just at the time of the making of the vexatious litigant declaration. Bernard’s application was doomed to fail. She lacked standing of any sort to maintain her application. It was appropriate to quash the application to reinforce the effect of the vexatious litigant declaration.

Bernard v. Professional Institute of the Public Service of Canada, [2019] F.C.J. No. 1081, Federal Court of Appeal, M. Noël C.J., D.W. Stratas and R. Boivin JJ.A., September 20, 2019. Digest No. TLD-October282019007