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Ontario MOVES TO STRENGTHEN JUDICIAL MEASURES AGAINST VEXATIOUS LITIGANTS 2023 Bill 157 2023/12/12 16:35  
not legal advice as usual.

Shown in 2nd reading status, an Ontario government-sponsored BILL 157 is an omnibus affecting multiple Provincial statutes.

One component would strengthen and clarify judicial powers to restrain so-called VLs or Vexatious Litigants.

Excerpt of “Bill 157, Enhancing Access to Justice Act, 2023https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-157

also https://www.ola.org/sites/default/files/node-files/bill/document/pdf/2023/2023-11/b157_e.pdf

- Schedules include SCHEDULE 6 to amend CJA COURTS OF JUSTICE ACT

“ . . . The Schedule amends the CJA Courts of Justice Act.

. . . . . .. Section 140 of the Act is amended to allow judges of both the Superior Court of Justice and the Court of Appeal to make orders related to vexatious proceedings.

These orders may be made on the judge’s own initiative or on motion or application by any person. The rules for appeals and reviews of these orders are set out. . . ”

- FROM Bill 157 ’s attached proposal at Dec 12/23 :

“ . . . . . . .7 (1) Subsection 140 (1) of the Act is repealed and the following substituted:

Vexatious proceedings

(1) If a judge of the Superior Court of Justice or of the Court of Appeal is satisfied that a person has persistently and without reasonable grounds instituted vexatious proceedings in any court or conducted a proceeding in any court in a vexatious manner, the judge may make an order that includes any of the following terms:

1. No further proceeding may be instituted by the person in any court, except by leave of a judge of the Superior Court of Justice.

2. No proceeding previously instituted by the person in any court shall be continued, except by leave of a judge of the Superior Court of Justice.

3. Any other term that is just.

Procedure

(2) An order under subsection (1) may be made on the judge’s own initiative or on motion or application by any person, as provided in the rules of court.

Notice required

(2.1) An order under subsection (1) may only be made on notice to the person who is the subject of the order, as provided in the rules of court.

* *

Remembering in one extreme BC example ( elsewhere at cafcor https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=18121&catid=11#18121 ) that Mr Bea famously had filed 50 prior lawsuits described as virtually identical against his B.C. strata corporation, Ontario Bill 157's changes would not require demonstrated VL shenanigans in other filings.

Nor apparently a party directly targetted to seek the designation remedy . . .

Bill 157 raises a wide range of issues and background , a discussion of some of which can be read in the Ontario Bar Association's Oct 13/23 Submission “Vexatious Litigant Order : Procedural Framework” https://www.oba.org/CMSPages/GetFile.aspx?guid=80f8d28e-fb63-4416-89e3-a3d4cd97b3f3

From the OBA Submission :

" . . . . We received input from lawyers who have represented litigants found to be vexatious, and lawyers representing clients targeted by vexatious litigants.

The submission was also reviewed by several other OBA sections and the Board of Directors . . . ." - unquote
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