14.5: Appeals only with permission

Case Summary

This was an Application for permission to seek leave to appeal a lower Court decision declaring the Applicant a vexatious litigant and imposing Court access restrictions. The Applicant had previously been declared vexatious in a related Court of Appeal Decision and restrictions were placed on his access to the Court of Appeal.

The Court noted that, in addition to permission to seek leave to appeal, actual leave to appeal would be required pursuant to Rule 14.5(1)(j).

In assessing the Application, the Court first set out three primary questions to be considered in assessing an Application for leave to appeal: (1) whether there is an important question of law or precedent; (2) whether there is a reasonable chance of success; and (3) whether the delay will unduly hinder the progress of the Action or cause undue prejudice. The Court observed that, in the context of an Application to appeal a vexatious litigant Order, the most important consideration is whether the proposed Appeal raises a serious question of general importance with a reasonable chance of success.

Ultimately, the Court held that the lower Court’s conclusions as to the need for Court restrictions were appropriate and available in light of the facts. Finding further that the requested Appeal did not present an important question of law or precedent or bear a reasonable chance of success, the Court refused the Application for permission to seek leave.

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