3.68: Court options to deal with significant deficiencies
10.29: General rule for payment of litigation costs

Case Summary

The Plaintiff in this Action, Jean-Marc Pierre Gagnon (“Gagnon”), had already been declared a vexatious litigant by the Court. The issue before the Court was whether several actions filed by Gagnon (the “Actions”) were futile and an abuse of process. If so, the Court could consider whether to require Gagnon to show cause for continuing the Actions in accordance with Civil Practice Note No. 7, or risk dismissal of the Actions pursuant to Rule 3.68.

Michalyshyn J. confirmed that Civil Practice Note No. 7 took effect on September 4, 2018. The Practice Note allows a Court to require a litigant to provide written reasons to continue an Action if a Court finds the Action to be futile or an abuse of process.

Michalyshyn J. summarized the seven Actions that Gagnon had filed and concluded that all Actions were hopeless and an abuse of process. Justice Michalyshyn then ruled that Gagnon will be required to provide written reasons to rebut the Court’s finding. Michalyshyn J. further ruled that if Gagnon failed to provide written submissions, the Defendants in the Actions would be permitted to submit written replies to Gagnon’s submissions. Following that, the Court would make a final determination as to whether Gagnon’s Statements of Claim in the Actions should be struck in accordance with Rule 3.68 and Civil Practice Note No. 7.

Michalyshyn J. closed by clarifying that if one or more of the Actions was eventually struck, this would not affect a Defendant’s right to Costs, as successful litigants are presumptively entitled to Costs except where the Court exercises its discretion under Rule 10.29(1).

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