The Defendants applied to have the Plaintiff declared a vexatious litigant, and to strike the Plaintiff’s Applications in which he, in turn, sought a declaration that the Defendants’ counsel and representatives were vexatious litigants. The Plaintiff had commenced various Actions against a number of Defendants and had generally been difficult and uncooperative throughout a lengthy litigation process.

Justice Nielsen allowed the Defendants’ Application and declared the Plaintiff a vexatious litigant. His Lordship also reviewed the factors relevant to a Security for Costs award and noted that it was just and reasonable to award Security for Costs in this case. The Court held that the Respondent had failed to pay previous Costs awards made against him, that there was no evidence that he had any exigible property in Alberta. With respect to the merits of the underlying Action, it did not appear that the Plaintiff had a very strong case. The Court found that a properly crafted Order for Security for Costs would not unduly prejudice the Plaintiff’s ability to continue the litigation, and ordered that he post $55,000 based on an estimate of party-and-party Costs to complete the Action.