Acts and Regulations

Rule-76.1 - VEXATIOUS PROCEEDINGS

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Current to 1 January 2024
PARTICULAR PROCEEDINGS
RULE 76.1
VEXATIOUS PROCEEDINGS
76.1.001Definition
In this rule, Small Claims Court means the Small Claims Court of New Brunswick.
2012, c.15, s.47
76.1.01Repealed: 2009, c.28, s.11
2009, c.28, s.11
76.1.02Order made by a judge of the Court of Kings’s Bench
2022-86
(1)Where a judge of the Court of King’s Bench is satisfied, on application, that a person has persistently and without reasonable grounds commenced vexatious proceedings in the Court of King’s Bench or the Small Claims Court or has persistently and without reasonable grounds conducted a proceeding in a vexatious manner in the Court of King’s Bench or the Small Claims Court, the judge may make an order containing either or both of the following prohibitions:
(a) prohibiting the person from commencing any further proceeding in the Court of King’s Bench or the Small Claims Court except with leave of a judge of the Court of King’s Bench; and
(b) prohibiting the person from continuing a proceeding previously commenced in the Court of King’s Bench or the Small Claims Court except with leave of a judge of the Court of King’s Bench.
(2)For the purposes of making an order against a person under paragraph (1), the judge may also consider the following:
(a) a similar order made against that person by any other court, including a court outside New Brunswick;
(b) vexatious proceedings commenced persistently and without reasonable grounds by that person in any other court, including a court outside New Brunswick; and
(c) proceedings conducted persistently and without reasonable grounds in a vexatious manner by that person in any other court, including a court outside New Brunswick.
(3)Where a person against whom an order under paragraph (1) has been made seeks to commence or continue a proceeding in the Court of King’s Bench or the Small Claims Court, the person may make an application for leave to commence or continue the proceeding or for rescission of the order, but may not apply for any other relief, including costs.
(4)For the purposes of paragraph (3), where a judge of the Court of King’s Bench is satisfied that a proceeding to be commenced or continued is not an abuse of process and that there are reasonable grounds for the proceeding, the judge may, by order,
(a) grant leave to proceed, or
(b) rescind the order made under paragraph (1).
(5)A person making an application under paragraph (1) or (3) shall give notice of the application to the Attorney General and the Attorney General is entitled to be heard on the application.
(6)No appeal lies from a refusal to make an order under paragraph (4).
2009, c.28, s.11; 2012, c.15, s.47; 2022-86
76.1.03Order made by a judge of the Court of Appeal
(1)Where a judge of the Court of Appeal is satisfied, on motion, that a person has persistently and without reasonable grounds commenced vexatious proceedings in the Court of Appeal or has persistently and without reasonable grounds conducted a proceeding in a vexatious manner in the Court of Appeal, the judge may make an order containing either or both of the following prohibitions:
(a) prohibiting the person from commencing any further proceeding in the Court of Appeal except with leave of a judge of that Court; and
(b) prohibiting the person from continuing a proceeding previously commenced in the Court of Appeal except with leave of a judge of that Court.
(2)For the purposes of making an order against a person under paragraph (1), the judge may also consider the following:
(a) a similar order made against that person by any other court, including a court outside New Brunswick;
(b) vexatious proceedings commenced persistently and without reasonable grounds by that person in any other court, including a court outside New Brunswick; and
(c) proceedings conducted persistently and without reasonable grounds in a vexatious manner by that person in any other court, including a court outside New Brunswick.
(3)Where a person against whom an order under paragraph (1) has been made seeks to commence or continue a proceeding in the Court of Appeal, the person may make a motion for leave to commence or continue the proceeding or for rescission of the order, but may not apply for any other relief, including costs.
(4)For the purposes of paragraph (3), where a judge of the Court of Appeal is satisfied that a proceeding to be commenced or continued is not an abuse of process and that there are reasonable grounds for the proceeding, the judge may, by order,
(a) grant leave to proceed, or
(b) rescind the order made under paragraph (1).
(5)A person making a motion under paragraph (1) or (3) shall give notice of the motion to the Attorney General and the Attorney General is entitled to be heard on the motion.
76.1.04Abuse of process
Nothing in this rule limits the authority of the Court of King’s Bench or the Court of Appeal to stay or dismiss a proceeding as an abuse of process or on any other ground.
2008-64; 2022-86