Sometimes people in conflict use the court system in an inappropriate way. Filing too many applications or using the courts to harm someone can be considered an abuse of the court process. It’s a waste of time, energy and money for those involved, and is costly to society. How can we prevent this abuse and its consequences?
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This article in short
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Generally, you have a right to file applications with the court. But you must follow some rules, including not using the courts to harm another person. If this happens, the court can intervene, for example, by ordering the person abusing the court to reimburse the legal fees of the harmed person.
What is abuse of the court process?
Abuse of the court process means filing an application that is useless or exaggerated, or using the court to harass or intimidate someone. An application can be abusive even if it’s not intended to harm someone.
Here are examples of different types of abuse of the court process:
- Lawsuits that seek to prevent someone from expressing themselves in a public debate are considered an abuse of the court process. This is called a SLAPP lawsuit (a “strategic lawsuit against public participation”).
- Courts sometimes use the expression “judicial violence” to describe cases where someone uses the court to control another person.
- For some people, winning a case in court can become an obsession. The steps they take to achieve their goals become abusive. These people are called vexatious litigants.
- The expression “contempt of court” means showing a lack of respect for the court, for example, through aggressive behaviour towards a judge.
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Good to know! There are safeguards against abuse of the court process in family matters, and in cases involving family violence or intimate partner violence. |
How to recognize abuse of the court process
There’s no one way to tell if someone is abusing the court process, but their behaviour must be unusual. Here are some indications:
- asking for exaggerated sums of money,
- making false claims,
- trying to resolve a conflict in court without legal arguments,
- trying to harm someone,
- submitting a “mountain” of documents,
- suing people not directly involved in the conflict.
Asking for a large sum of money and filing numerous, repeated or clumsy applications doesn’t necessarily mean someone is abusing the court process. The court will consider each case in its context. Courts must be very careful when deciding whether an application is abusive because their decision could deprive someone of their rights.
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Examples of abuse of the court process
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What happens when someone abuses the court process?
A judge can intervene at any time to put an end to an abuse of process. For example, the court can do these things:
- refuse to hear an abusive lawsuit (reject the application),
- establish measures for future applications filed with the court, for example, making the person get the court’s permission to file an application,
- force the person to pay money, for example, to reimburse lawyers’ fees or pay a penalty.
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Did you know? A person whose conduct is aggressive or disrespectful towards the court could face a fine or prison sentence of up to one year for what is called “contempt of court.” |
How to prevent abuse and protect yourself
Abuse of the court process is exhausting and very expensive for those involved.
These abusive situations can occur more often when a person is not represented by a lawyer. If you’re representing yourself, it’s your duty to ensure that your case runs smoothly. When in doubt, you can sometimes get free advice from a lawyer.
- If you think you’re the victim of an abusive claim, talk to your lawyer. You can also tell the court if you’re representing yourself.
- If you’re representing yourself and want to make sure that your application is not abusive, you can consult a lawyer or free legal resource.
- If you’re going through a separation, divorce or family conflict, read our article on abuse of the court process in this type of situation.