Summary

Keywords

Judgments and orders - Judgments and orders — Declaratory judgments — Vexatious litigant declaration — Applicant sought to continue his action against the respondent after applicant was declared a vexatious litigant in another proceeding — Whether the Limitations Act applies to a debt owed and acknowledged by a debtor — Whether the Vexatious Litigant Order may encroach on a pending statement of claim where there had been no further court file activity.

Summary

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On May 5, 2021, the applicant filed a statement of claim against the respondent, alleging that in or about 2004, the applicant had loaned the respondent money that the respondent had refused to repay. The respondent filed a statement of defence on May 21, 2021 but there was no further court activity on this matter.

In the meantime, the applicant was declared a vexatious litigant on February 16, 2022, which had the effect of staying the within action. In that judgment, the applicant was given a deadline of March 18, 2022 to obtain leave to continue the within action, failing which the action would be struck out. The deadline passed with no word from the applicant. The court struck out the applicant’s action and statement of claim.