Case information

Constitutional law — Charter of Rights — Right to life, liberty and security of person — Right to equality — Civil procedure — Vexatious litigant proceedings — Chambers judge issuing orders refusing to grant adjournment of hearing, and declaring applicant to be vexatious litigant and prohibiting applicant from initiating further judicial proceedings without leave — Court of Appeal dismissing applicant’s appeal from orders — Whether applicant’s right to life and security of person under s. 7 of Charter, and right to equality under s. 15, were denied during vexatious litigant hearing — Whether infringements of rights were justified under s. 1 of Charter — Whether applicant was denied procedural fairness, denied right to fair hearing and denied opportunity to be heard — Whether applicant was unfairly designated as vexatious litigant — Supreme Court Act, R.S.B.C. 1996, c. 443, s. 18 — Canadian Charter of Rights and Freedoms, ss. 1, 7, 15.

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, Margaret Mary Kierans, brought an application before the British Columbia Supreme Court to have the applicant, Kathleen Walker, declared a vexatious litigant and to prevent her from commencing additional proceedings or actions.

The chambers judge granted the requested relief and declared Ms. Walker to be a vexatious litigant; Ms. Walker was prohibited from initiating any further proceedings in either the B.C. Supreme Court or the B.C. Provincial Court without first seeking leave from the court in question. The chambers judge also dismissed Ms. Walker’s application seeking an adjournment of the vexatious litigant application hearing. A unanimous panel of the B.C. Court of Appeal dismissed Ms. Walker’s appeals from both of the chambers judge’s orders (i.e., the dismissal of her request for an adjournment, and the vexatious litigant declaration).