Summary

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Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Judgments and Orders - Declaratory judgments - Petition brought by the Attorney General pursuant to s. 18 of the Supreme Court Act, R.S.B.C. 1996, c. 443 and the Court’s inherent jurisdiction - Applicant declared a vexatious litigant and was ordered to seek leave of the Court to institute or commence legal proceedings - Whether s. 18 of the Supreme Court Act, and/or s. 29 of the Court of Appeal Act apply to criminal and/or quasi-criminal matters - Does the inherent jurisdiction of the British Columbia Supreme Court apply in such a manner so as to permit judges of that Court to prohibit the Applicant from commencing proceedings before that Court and/or the Provincial Court and what is the limit to the inherent jurisdiction of a superior court? - Whether the legislation permits the Court to substitute its own findings of vexatiousness in respect of previous actions where no such findings of vexatiousness were made - Whether there are issues of public importance raised.

The Respondent successfully brought a petition pursuant to s. 18 of the Supreme Court Act, R.S.B.C. 1996, c. 443, and the Court’s inherent jurisdiction. The Applicant was declared to have advanced vexatious legal proceedings and the Applicant is required to seek leave of the Court to institute or commence legal proceedings. An appeal was dismissed.

Lower Court Rulings