M.P. v. E.C. et al., (2015) 374 Nfld. & P.E.I.R. 70 (NLPC)

• Jurisdiction: Newfoundland and Labrador
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Judge: Orr, P.C.J.
• Citation: (2015), 374 Nfld. & P.E.I.R. 70 (NLPC)
• Date: 10 November 2015
• Subject Matter: CRIMINAL LAW,ACTIONS

M.P. v. E.C. (2015), 374 Nfld. & P.E.I.R. 70 (NLPC);

    1164 A.P.R. 70

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. NO.034

M.P. (applicant) v. E.C. (respondent) and Attorney General of Newfoundland and Labrador (second respondent)

(Docket: 0115PA010970)

Indexed As: M.P. v. E.C. et al.

Newfoundland and Labrador Provincial Court

Orr, P.C.J.

November 10, 2015.

Summary:

M.P. applied for an order declaring E.C. to be a vexatious litigant and requiring him to swear any future Criminal Code informations before a Provincial Court judge.

The Newfoundland and Labrador Provincial Court allowed the application.

Actions - Topic 2602

Duplicitous or vexatious actions - Vexatious litigant - What constitutes - M.P. applied for an order declaring E.C. to be a vexatious litigant and requiring him to swear any future Criminal Code informations before a Provincial Court judge - The Newfoundland and Labrador Provincial Court allowed the application - It was quite clear that E.C.'s actions were vexatious - He had made successive applications to the court swearing private informations alleging criminal conduct by M.P. - The allegations had been found to have no basis, but he persisted in pursuing M.P. and others - E.C. was not a truthful witness and was attempting to use the criminal process for an improper purpose - He had demonstrated that he was prepared to make serious, unfounded allegations against anyone that he thought was impeding his pursuit of the individuals that he blamed for the termination of his teaching career - See paragraphs 19 to 40.

Criminal Law - Topic 25

Prosecution of crime - Persons who may conduct prosecutions - Private prosecutions - [See Actions - Topic 2602 ].

Criminal Law - Topic 4264.1

Procedure - Indictment - Preferring of indictments - Private prosecutions - [See Actions - Topic 2602 ].

Cases Noticed:

S.M. v. C.M. (2013), 343 Nfld. & P.E.I.R. 140; 1066 A.P.R. 140 (N.L.T.D. (Family)), refd to. [para. 19].

Thorburn v. R. (2010), 500 A.R. 1 (Q.B.), refd to. [para. 20].

R. v. Mills, [1986] 1 S.C.R. 863; 67 N.R. 241; 16 O.A.C. 81, refd to. [para. 24].

R. v. 974649 Ontario Inc. et al., [2001] 3 S.C.R. 575; 279 N.R. 345; 154 O.A.C. 345, refd to. [para. 25].

R. v. Conway (P.), [2010] 1 S.C.R. 765; 402 N.R. 255; 263 O.A.C. 61, refd to. [para. 26].

Weber v. Ontario Hydro (1995), 183 N.R. 241; 82 O.A.C. 321 (S.C.C.), refd to. [para. 27].

R. v. N.S. et al. (2012), 437 N.R. 344; 297 O.A.C. 200 (S.C.C.), refd to. [para. 29].

Canadian Broadcasting Corp. v. Dagenais et al., [1994] 3 S.C.R. 835; 175 N.R. 1; 76 O.A.C. 81, refd to. [para. 30].

Baril v. Obelnicki (2007), 214 Man.R.(2d) 7; 395 W.A.C. 7 (C.A.), refd to. [para. 34].

R. v. Parks, [1992] 2 S.C.R. 871; 140 N.R. 161; 55 O.A.C. 241, refd to. [para. 35].

Fiander v. Mills (2015), 368 Nfld. & P.E.I.R. 80; 1149 A.P.R. 80 (N.L.C.A.), refd to. [para. 36].

Counsel:

Jerome Kennedy, for the applicant;

E.C., on his own behalf;

Donovan Molloy, for the second respondent.

This application was heard at St. John's, N.L., on September 21 and 23 and November 4 and 5, 2015, by Orr, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following ruling on November 10, 2015.