Monday, March 11, 2013

Finding someone a vexatious litigant does not deprive that person of access to justice

Burton v. Assaf, 2013 ONSC 1392 makes the point that finding someone a vexatious litigant does not deprive that person of access to justice:

[38] I would point out that an order under section 140(1) does not deprive a person of access to justice; rather, it provides extra scrutiny by the court, and impresses potential claims with a form of orderliness without prejudicing their merits. Science Applications International Corp. v Pagaurov, [2012] OJ No 5696, at para 45, 49. Accordingly, it is beneficial to the litigant himself. Without such an order and its accompanying judicial imprimatur for future claims, William Assaf will remain a Pirandellian character in search of an author, re-enacting past struggles in a dramatic loop he cannot seem to escape.

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