Public sector bodies sometimes find themselves named in statements of claim or applications of dubious merit. On their face, the pleadings may appear to be frivolous, vexatious, or lacking any discernible cause of action. As legal counsel, it is our responsibility to suggest how our client should most expeditiously respond to these proceedings, taking into account the limited resources of the courts and public sector organizations.
In a recent article, Laura Pettigrew and I outlined how public sector lawyers can use procedural steps such as a request for dismissal under Rule 2.1.01 of the Rules of Civil Procedure, to ask the court to dismiss clearly unmeritorious proceedings. This article covers another procedural avenue that may be available in certain instances: bringing the court’s attention to a previous order declaring the litigant vexatious.
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