What Is a Vexatious Litigant & What Can You Do If You Are Facing One in Alberta?

Being drawn repeatedly into Court by the same individual can be frustrating, stressful, and costly. In Alberta, the law recognizes this issue and provides tools to protect individuals and businesses from ongoing abuse of the legal system. Understanding what a vexatious litigant is and how the Courts handle these situations can help you protect your rights.
What Exactly Does Vexatious Mean?
As per the Judicature Act, RSA 2000, c J-2, vexatious refers to legal actions or behaviour that abuse the Court process. This might include:
• Persistently filing cases that have already been decided
• Persistently bringing cases that cannot succeed or have no reasonable chance of providing relief
• Persistently using the Courts for improper purposes
• Persistently reusing arguments or issues from previous cases inappropriately
• Persistently failing to pay costs from unsuccessful proceedings
• Persistently appealing judicial decisions without success
• Persistently engaging in inappropriate behaviour in Court
The Court can step in to stop this kind of behaviour before it causes unnecessary harm, while still protecting legitimate claims.
How Alberta Courts Can Help
The Judicature Act provides Courts the authority to restrict an individual from starting or continuing proceedings if they are acting in a vexatious manner. If the Court makes an order, the individual cannot proceed to start a new case or continue an existing one without first getting permission from the Court. The Minister of Justice must be notified to ensure fairness, and the restricted person can later apply for permission to bring a legitimate claim, but the Court must be satisfied that it is reasonable and not an abuse of process.
A Faster Process – Civil Practice Note 7
In addition to the Judicature Act, the Court of King’s Bench has established the Civil Practice Note 7 to provide a streamlined and efficient process for addressing frivolous, vexatious or abusive proceedings. The individual who started the proceedings may be asked to explain in writing why the case should continue. After reviewing the submission, the Court can dismiss or stay the case and, in some situations, restrict the person from filing future proceedings without Court permission.
What the Courts Look For – Case Law
Understanding how courts identify vexatious behaviour can help you see when the legal system can protect you from repeated or abusive filings. Courts focus on patterns of behaviour over time, looking for repeated misuse of the legal process that creates unnecessary stress, expense, or delay.
For example, in Jonsson v Lymer, 2019 ABCA 113, the Alberta Court of Appeal confirmed that repeated abusive litigation, including failing to follow Court rules, can justify restricting a person’s access to the courts.
The Peters v Keef, 2019 ABQB 85, case provides a helpful guide for spotting vexatious behaviour. Courts consider factors such as:
• Repeatedly relitigating settled issues
• Escalating disputes unnecessarily
• Ignoring court orders
• Making unsubstantiated claims
• Bringing cases for improper purposes
Other cases, such as Hutton v Sayat, 2024 FC 601, confirm that Courts will intervene whenever ongoing access to the courts undermines the purpose of the legal system, while still protecting legitimate claims.
For you, this means that if you are facing repeated or abusive legal filings, the Court has tools to prevent that behaviour and protect your time, resources, and peace of mind. Knowing what the Court looks for can also help your lawyer present your case effectively.
How Our Firm Can Help
Dealing with repeated or abusive legal claims can be stressful and time-consuming. Our team at Sillman LLP can guide you through the process and help you take the right steps to protect your interests. This might include:
• Responding effectively to claims that misuse the courts
• Seeking dismissal of cases or recovering costs
• Navigating streamlined court processes for abusive or frivolous claims
• Applying for restrictions to prevent further misuse of the legal system
Because the standard for declaring someone a vexatious litigant is high, this is usually a rare remedy, however, having experienced legal counsel can make a real difference. We can help you understand the process, gather the necessary evidence, and take the appropriate steps to protect your rights and reduce stress.
We are here to help you protect your rights and navigate the process with confidence.
By: Harkeerat Brar
Note: This article provides general commentary and is in no way intended to replace the need to consult with a legal professional concerning the specific circumstances of your situation. This article should not be construed or relied upon as legal advice.