Some medium-sized changes in the law relating to vexatious or self-represented litigants have just been made by the Alberta Court of Appeal. They affect notice, whether to look at the Judicature Act, a layperson representing a company which he or she is connected with, and the types of restrictions which the court can impose on a litigant. Notice and who brings applications are very important.
If one knows and remembers this law, it will be possible to deal with such problems and get reasonable protection. But certain procedures need immediate and significant alterations. And (as usual) an annoying self-represented litigant will cost other parties more time and money, whether that litigant’s motives are innocent and wholesome, or not. Lawyers who thought they had found in vexatious-litigant orders a shortcut, have had the opposite effect.
See three decisions: Jonsson v. Lymer 2020 ABCA 167 (May 1); Vuong Van Tai Hldg. v. Min. of Justice 2020 ABCA 169 (May 1) and Makis v. Alta. Health Serv. 2020 ABCA 168, Edm 18103 0363 AC (May 1).
– Hon. J.E. Côté
The Commentaries are intended to call the attention of lawyers to promising or threatening developments in the law, in civil procedure, in developing their skills, or simply to describe something curious, funny or intriguing.
Justice Côté recently retired from the Court of Appeal of Alberta and currently acts as an arbitrator, mediator, or referee under Rules 6.44 and 6.45 of the Alberta Rules of Court.
He may be contacted through Juriliber at email: info@juriliber.com or phone 780-424-5345.
