The Applicant was declared a vexatious litigant and was required to seek leave with the Court before filing any applications or proceedings. The Case Management Judge had denied the Applicant permission to institute or continue proceedings in four separate lawsuits. The Applicant appealed each of the orders issued by the Case Management Judge in respect of the four lawsuits, pursuant to Rule 14.5(1)(j).

The Court of Appeal dismissed three of the four Appeals. Pursuant to Rule 14.5(4), no appeal is allowed for a vexatious litigant from an order denying the vexatious litigant permission to institute or continue proceedings. Three of the four orders issued by the case management judge fell squarely within the scope of Rule 14.5(4).

The Court of Appeal allowed the Appeal on the fourth order, finding that the Applicant met the following test for permission to appeal:

(a) There is an important question of law or precedent,

(b) There is a reasonable chance of success on appeal, and

(c) The delay will not unduly hinder the progress of the action or cause undue prejudice.