Brynne and Colin at the Alberta COA for the Lymer case
This week Julie talks to lawyers Colin Feasby (Osler, Hoskin & Harcourt LLP) and Brynne Harding (Bennett Jones), who jointly represented NSRLP pro bono in our recent intervention in Jonsson v Lymer at the Alberta Court of Appeal. This was a landmark case for self-reps, addressing the issue of vexatiousness, and just how careful courts should be when deciding to designate a litigant “vexatious” and restrict their future court access. Those designated as “vexatious” litigants are almost always self-represented litigants, and Julie, Colin, and Brynne discuss the unique situation in Alberta, where the vague and extremely broad doctrine of “inherent jurisdiction” has increasingly been used to designate SRLs as “vexatious” over the last few years, and to place multiple restrictions on them. The Lymer decision has poured (a lot of) cold water on this approach to “vexatiousness”, and Colin and Brynne discuss with Julie what this means for Alberta, and the rest of Canada.
Related links:
Jonsson v Lymer case report on CanLII
Detailed CanLII Connects summary of and commentary on Lymer, written by Megan Campbell, NSRLP Research Assistant and SRL Case Law Database Manager
NSRLP’s Vexatious Litigant Report
In Other News
In other news: NSRLP continues to update our COVID-19 resources, and we have recently added a new page on wills and powers of attorney; we’re looking for access to justice all-stars who are doing great work during the pandemic – nominations can be sent to representingyourself@gmail.com; we have two new blogs up, looking at the future of the legal system post-COVID, from both Julie and BC Chief Justice Robert Bauman; the Ontario Ministry of the Attorney General announced that it will be shifting some of its traditional investments toward innovation and new technology; Chief Justice of the Supreme Court of Canada Richard Wagner and federal Justice Minister David Lametti have created an Action Committee on court operations in response to the COVID-19 pandemic; and finally, NSRLP is asking you to spread the word (and give if you can!) about our vital fundraising campaign, #Justice4All.
NSRLP’s COVID-19 Resources page
Sounds Good, But What Are We Missing? (Julie’s recent blog post)
“Ontario Investing in Innovative Ways to Modernize the Justice System” (ON gov)
“Feds launch Action Committee on court operations during COVID-19 pandemic” (Lawyer’s Daily)
Jumping Off the Ivory Tower is produced and hosted by Julie Macfarlane and Dayna Cornwall; production and editing by Braunte Petric; Other News produced and hosted by Ali Tejani; promotion by Moya McAlister and Ali Tejani.
perhaps you could let us know, if we have been declared vexatious, as I was, and had contempt of court decisions applied, how do we go about having these decisions removed?? What now that we have this new decision in Alberta. I am in BC, and this was done to me. What do I do now?? directions would help. How can we have this decision applied to our cases and have the labels removed.
Hi Sandra, we are hoping to prepare some directions, perhaps a template document like we did with Pintea, for SRLs to use in their cases, drawing attention to Lymer.
thank god, just let us know how to apply this case, and what level of court we have to take it to. supreme or appeal. With that information, I can do it and get rid of this designation.
That sounds fantastic . Right now I have being trying to satisfy a security of costs order , but I cannot file as I was given a file restriction order after a year the vex order .I can only have a lawyer file for me . For this A simple form 50 & a Bank draft . get a receipt & filed copy for proof so I can do an application to get a simple memorandum order stating the order has being satisfied . I have talked to 16 Lawyers & once I tell them I have a vexatious litigant decision against me or a restriction order . They say no right away & hang up ! These vexatious litigant decisions & restriction orders have completely stopped my access to the courts & thereby stopping my fundamental rights & basic human needs for access to justice !!
Those involved in this abuse should not get away with it. I am giving it some serious thought