Index

May 13 , 2020

Vexatious or Self-Represented Litigants


January 7, 2020

G.S.T. and Costs


December 20 , 2019

Electronically Navigating the
Handbook


October 7 , 2019

Questioning is a Bad Word


July 29 , 2019

Dismissal for Delay


May 7 , 2019

Rule 4.31 Fallacies


March 18 , 2019

More Dangers in Oral Fee Agreements


February 11 , 2019

Weir-Jones Decisions


January 9 , 2019

Discouraging Settlements


November 30, 2018

European Court Helps You Twice?


November 23 , 2018

Courts Overruling Tribunals


November 16 , 2018

New Evidence on Appeal


October 30 , 2018

Schedule C's Role


July 17 , 2018

Loopholes in Enforcing Settlements


May 7 , 2018

Enforcement of Procedure Rules


April 16, 2018

Limping Lawsuits are Often
Doomed


April 3 , 2018

Court of Appeal Tips for
Summary Decisions


March 19, 2018

Serious Dangers in Chambers
Applications


February 13 , 2018

Court Backlog


December 18 , 2017

Lowering the Status of Courts


September 15 , 2017

Access to Court Decisions


July 4 , 2017

Strictissimi Juris


June 14 , 2017

Why Don't Your Clients Settle?


June 5 , 2017

Gap in Rules About Parties


June 5, 2017

Personal Costs Against
Solicitors


April 26, 2017

Clogged Courts


April 11, 2017

Dismissal for Want of
Prosecution


January 6, 2017

Incomplete Disclosure


December 15, 2016

Mediation


November 23, 2016

Is Contract Interpretation Law?

 

Welcome

Côté’s Commentaries

© 2016-2020 J.E. Côté

VEXATIOUS OR SELF-REPRESENTED LITIGANTS

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.