Vexatious Litigants: When Litigation Goes Overboard

Understanding the Law
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In the context of legal disputes, it is common to perceive the other party as unreasonable or excessive. However, did you know that there is a legal term to designate individuals who pursue their cause with such persistence that courts must intervene?

For some people, seeking justice turns into an obsession and their attempts become abusive. These individuals are called vexatious litigants. How can a person be designated a “vexatious litigant”? And what can courts do in these situations? 

A vexatious litigant is someone who constantly seeks to settle disputes in court, often without any good reason and in an excessive manner. Although there are no set criteria to qualify someone as a vexatious litigant, certain behaviours can help identify them. 

For example, these people will often 

  • draft unnecessarily long and complex procedures, 
  • represent themselves, that is, without a lawyer, 
  • make absurd, illogical or insulting statements, 
  • ask for excessive financial compensations, 
  • refuse to accept court rulings they are not satisfied with. 

A burden on the judicial system 

In Quebec, there is a register that lists all vexatious litigants. In 2022, it included 336 individuals. Once on that register, these people must ask a judge for permission to initiate new legal procedures. 

These behaviours are not only irritating for the people directly involved: they also burden the courts and delay other cases. To protect the judicial system from these abuses, the law allows measures to restrict the vexatious litigants’ access to the courts. 

Notable Examples 

Many people have been declared vexatious litigants in Quebec, but certain cases are especially revealing. 

  • After receiving a $60 fine for driving without a license, a Quebec city resident filed complaints against 12 judges, 13 lawyers and six police officers. They also sent 200 files of approximately 300 pages each to the Court. A judge from the Superior Court declared them vexatious litigant and limited their future requests to two pages, which they can only submit through the mail. You can read the court decision here.  
  • A Sainte-Euphémie resident filed 51 actions against the government. They wanted to become owner of the Earth, Mercury, Venus, Jupiter, Saturn, Uranus, the “four large moons of Jupiter” as well as three other planets. They also changed their name six times to present himself under different identities. You can read the court decision here
  • A resident of Montmagny sued the municipality after losing control of their car while driving over gravel that was left poorly levelled by a city employee.  Even though the damage to the car was only $668, they engaged in a judicial process that lasted five years. Their complaint was considered abusive by the Court of Québec. They were condemned to pay $5000 in damages to the municipality’s general director. They were later declared vexatious litigant by the Superior Court. You can read the Court of Québec decision here.  

A necessary balance 

The notion of vexatious litigant reminds us that while perseverance is sometimes necessary to obtain justice, it must respect certain limits to ensure the proper functioning of the courts. 

However, the fact that a person frequently goes before courts does not automatically make them a vexatious litigant. Justice must remain accessible for everyone, and courts must be cautious before restricting an individual’s access to courts. 

Alternative Solutions

You wish to resolve a conflict without engaging in a long judicial process? There are many good reasons to try to reach an agreement without the court.

Mediation is a simple and efficient way to reach an agreement. Other options such as negotiation or arbitration also exist. Of course, judicial proceedings remain an option if no compromise is possible.