20/02/2020 – Jurisdiction Saskatchewan
Part 70 published on 01/06/2020
Plaintiff declared vexatious litigant
In this third Court action started by the plaintiff owner against the defendant condominium corporation, the owner alleged that the condominium corporation had committed negligent and fraudulent misrepresentations and had failed to follow provisions of The Condominium Property Act, 1993.
The condominium corporation applied for an order striking the Statement of Claim and a further order declaring the plaintiff a vexatious litigant. The Court granted both orders. The Court said:
…I conclude that the various claims set out in the impugned statement of claim are res judicata and it must be struck, for to permit it to proceed would amount to an abuse of process.
…
After reviewing the litigious nature of Mr. Wilchuck against Westfield Twins and his persistent attempts to relitigate matters which various judges of this Court, and the Court of Appeal have repeatedly determined are devoid of legal merit, I conclude that in order to maintain the balance referred to by Steel J.A. in Green it is necessary to limit Mr. Wilchuck’s unfettered access to this Court. Accordingly, I declare Mr. Wilchuck to be a vexatious litigant pursuant to Rule 11–28 of The Queen’s Bench Rules.