SRL Case Law Database Preliminary Report

SRL Case Law Database Preliminary Report

We are thrilled to bring you the first, preliminary, Report on the SRL Case Law Database, which we have been working on for most of the past year.

The purpose of the SRL Case Law Database is to track the developing jurisprudence across Canada in cases that affect the positions of individuals appearing unrepresented. We are focusing on four themes: “vexatiousness”, cost awards, procedural fairness and accommodations. As the number of cases in the Database grows, we are expecting to be able to highlight patterns and themes relevant to self-represented litigants as evidenced by decisions reported by Canadian courts.

This preliminary report presents some themes we have noted in relation to the discussion of “vexatious” behavior by SRLs (only a small fraction of these cases result in formal vexatious litigant designations). This is the largest single group of cases so far. We have some initial observations to share about the concept of “vexatious” behavior generally, including its relationship to gender, and its impact on cost awards, and on outcomes.

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