Thomas Percy Tupper v. Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia, et al.

(Nova Scotia) (Civil) (By Leave)




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Civil procedure – Abuse of process – Vexatious litigant – Whether application for leave to appeal raises an issue of public importance.

In 1985, the Applicant was ordered to pay non-pecuniary general damages to a plaintiff after a trial involving a motor vehicle accident. He has since instigated multiple lawsuits based on allegations that all concerned were behind an insurance fraud conspiracy against him. In the context of the present proceedings, the Respondents filed motions for summary judgement and alternatively for an order dismissing the proceedings as an abuse of process together with an order restraining the Applicant from initiating further proceedings without the leave of the court.

Lower Court Rulings

June 16, 2015
Supreme Court of Nova Scotia (Family Division)

Halifax 410543, 2014 NSSC 213
Respondents’ motions for summary judgement granted, Applicant’s action dismissed as an abuse of process, and Applicant restrained from initiating further proceedings without leave of the court.
October 9, 2015
Nova Scotia Court of Appeal

CA 430117, 2015 NSCA 92
Appeal dismissed.