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Case information

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41827

Kristin Ernest Hutton v. Ria Sayat, et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2025-10-17 Close file on Leave
2025-10-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-10-16 Judgment on leave sent to the parties
2025-10-16 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A-177-24, A-189-24 and A-190-24, 2025 FCA 66, dated March 21, 2025, is dismissed with costs to the respondent, Ria Sayat, in the amount of $1,000.00.
Dismissed, with costs
2025-09-08 All materials on application for leave submitted to the Judges, for consideration by the Court
2025-06-23 Applicant's reply to respondent's argument, (Book Form), In reply to the response by the AGC and Lynn Duhaime, Completed on: 2025-06-25, (Printed version filed on 2025-06-25) Kristin Ernest Hutton
2025-06-23 Applicant's reply to respondent's argument, (Book Form), In reply to the response by Ria Sayat, Completed on: 2025-06-24, (Printed version filed on 2025-06-25) Kristin Ernest Hutton
2025-06-16 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-06-23) Ria Sayat
2025-06-16 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-06-20, (Printed version due on 2025-06-23) Ria Sayat
2025-06-12 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-06-17) Attorney General of Canada (on behalf of the Department of National Defence, Canadian Security Intelligence Service and Communications Security Establishment) and His Majesty the King
2025-06-12 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-06-13, (Printed version filed on 2025-06-17) Attorney General of Canada (on behalf of the Department of National Defence, Canadian Security Intelligence Service and Communications Security Establishment) and His Majesty the King
2025-05-28 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED
2025-05-20 Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version filed on 2025-05-22) Kristin Ernest Hutton
2025-05-20 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-05-22) Kristin Ernest Hutton
2025-05-20 Application for leave to appeal, (Book Form), Completed on: 2025-05-20, (Printed version filed on 2025-05-22) Kristin Ernest Hutton

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Ernest Hutton, Kristin Applicant Active

v.

Main parties - Respondents
Name Role Status
Ria Sayat Respondent Active
Lynn Duhaime also known as Stephanie Duhaime the former Canadian Charge d'affaires for the Republic of Iraq Respondent Active
Attorney General of Canada (on behalf of the Department of National Defence, Canadian Security Intelligence Service and Communications Security Establishment) and His Majesty the King Respondent Active

Counsel

Party: Ernest Hutton, Kristin

This party is not represented by counsel.

Party: Ria Sayat

Counsel
Names
Natai Shelsen
Rachael Gardner
Contact information
Goldblatt Partners LLP
20 Dundas Street West, Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-4384
FAX: (416) 591-7333
Email: nshelsen@goldblattpartners.com

Party: Lynn Duhaime also known as Stephanie Duhaime the former Canadian Charge d'affaires for the Republic of Iraq

Counsel
Name
James Stuckey
Contact information
Department of Justice Canada
National Litigation Sector, Ontario Regional Office
120 Adelaide St. West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (416) 579-2063
Email: james.stuckey@justice.gc.ca
Agent
Name
Zoe Oxaal
Contact information
Deputy Attorney General of Canada
50 O’Connor Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 295-0765
Email: SCCAgentCorrespondentCSC@justice.gc.ca

Party: Attorney General of Canada (on behalf of the Department of National Defence, Canadian Security Intelligence Service and Communications Security Establishment) and His Majesty the King

Counsel
Name
James Stuckey
Contact information
Department of Justice Canada
National Litigation Sector, Ontario Regional Office
120 Adelaide St. West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (416) 579-2063
Email: james.stuckey@justice.gc.ca
Agent
Name
Zoe Oxaal
Contact information
Deputy Attorney General of Canada
50 O’Connor Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 295-0765
Email: SCCAgentCorrespondentCSC@justice.gc.ca

Summary

Keywords

Civil procedure — Vexatious proceedings — Applicant declared vexatious litigant and prohibited from continuing or initiating litigation in Federal Court without leave — Interpretation and application of Canadian Security Intelligence Service Act, s. 18.2 — Standard of review for proceedings involving purported covert operations of Canadian Security Intelligence Service (CSIS) — Whether s. 18.2 permitting employees of CSIS or official designates to lawfully tender fictitious documents or make false statements to anyone, including the judiciary — Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23, s. 18.2 — Federal Courts Act, R.S.C. 1985. c. F-7, s. 40

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.

The respondent Attorney General of Canada brought an application, pursuant to s. 40 of the Federal Courts Act, R.S.C. 1985, c. F-7, to have the applicant, Kristin Ernest Hutton, declared a vexatious litigant and to prohibit him from instituting litigation without leave. Canada also asked that Mr. Hutton’s ongoing proceedings be quashed or discontinued.

The Federal Court granted the application and declared Mr. Hutton a vexatious litigant. The Federal Court of Appeal dismissed Mr. Hutton’s appeals.

Lower court rulings

April 19, 2024
Federal Court

2024 FC 601

Applicant declared vexatious litigant

May 23, 2024
Federal Court

T-268-17

See file

March 21, 2025
Federal Court of Appeal

A-177-24 A-189-24 A-190-24, 2025 FCA 66

Appeals dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-10-18