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Civil procedure — Parties — Vexatious litigant — Petitions brought by Applicant, a declared vexatious litigant, for leave to commence proceedings in British Columbia dismissed — Whether Applicant demonstrated a reasonably founded or arguable case?
In 1981, Chief Justice McEachern made an order under s. 67 of the Supreme Court Act, R.S.B.C. 1979, c. 379 (now s. 18 of the Supreme Court Act, R.S.B.C. 1996, c. 443), prohibiting the Applicant from bringing any court proceeding in British Columbia without leave of a judge of the Supreme Court of that province. Chief Justice McEachern's order was upheld by the Court of Appeal, and leave to appeal to this Court was subsequently refused ([1982] S.C.C.A. No. 55).

On three separate occasions, the Applicant has since sought leave of a judge of the Supreme Court of British Columbia to begin an action against Her Majesty the Queen. On each of those occasions, the chambers judge concluded that the Applicant had not demonstrated a reasonably founded or arguable case because no facts were set out in the application. All three applications were therefore dismissed.

The Court of Appeal agreed that the Applicant had failed to establish a reasonably founded or arguable claim; however, the portion of one of the chambers orders requiring the Applicant to pay costs to the defendants before filing an application for leave to appeal was set aside as it might have undermined the Applicant's access to the courts.

The Court of Appeal also then granted an application pursuant to section 29 of the Court of Appeal Act, R.S.B.C. 1997, c. 77, requiring the Applicant to seek leave of a justice of the Court of Appeal prior to commencing any proceeding in that court.