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CIVIL PROCEDURE - Parties - Vexatious litigants

Monday, March 23, 2020 @ 9:29 AM  


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Motion by the defendant for a vexatious litigant order against the plaintiff. The plaintiff, who resided in Ontario, was involved in 67 reported legal proceedings in the last five years, largely related to unfounded allegations of racism. He was made subject to vexatious litigant orders in several other jurisdictions, including the Supreme Court of Canada. He informed the deputy registrar that if his appeal was not scheduled, he would make criminal and racist allegations against her. The plaintiff had been personally served with the notice of motion and supporting materials. He had made it clear in writing on more than one occasion that he did not wish to participate in the hearing, which proceeded in his absence.

HELD: Motion allowed. The plaintiff abused his access to the court system. Given his pattern of repetitious and unmeritorious proceedings and the way he conducted himself in the within proceedings, a vexatious litigant order was warranted. The plaintiff was prohibited from bringing any further proceedings against the defendant, or continuing the within proceedings, without leave.

Olumide v. Manitoba (Human Rights Commission), [2020] M.J. No. 33, Manitoba Court of Appeal, R.J.F. Chartier C.J.M., February 6, 2020. Digest No. TLD-March232020001