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May 1, 2008 COURT OF APPEAL AMENDMENT ACT INTRODUCED– – –Changes Would Add Another Judge, Address Vexatious Litigants: Chomiak Legislative amendments that would allow Manitoba’s Court of Appeal to have another judge and deal more effectively with vexatious litigants were introduced today by Attorney General Dave Chomiak.
“It’s important the most senior level of court in this province is able to meet increasing demands and maintain its ability to serve Manitobans well in an age of increased case complexity,” said Chomiak.
Existing legislation allows the federal government to appoint up to seven judges to the Manitoba Court of Appeal. An additional judge would help address increasing workload in the court. Cases with more complexity have added to the duration of appeal hearings and the number of pre-hearing conferences.
The proposed legislation would also permit the court to address problems with vexatious litigants. A vexatious litigant is someone who starts legal proceedings without having reasonable grounds to do so, especially someone who does so frequently. The court would be able to determine that a party is proceeding in a vexatious way and curtail or prohibit that conduct. Vexatious proceedings can result in court delays and unnecessary legal costs for those who have to defend themselves in such cases.
The amendments were requested by the chief justice of Manitoba. Other levels of court, including the Supreme Court of Canada and Manitoba’s Court of Queen’s Bench, currently have provisions to deal with vexatious proceedings.
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