Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter3, Access to Records. Updated 5 May 2023. 167 A vexatious proceeding means “…that the litigant’s mental state goes beyond simple animus against the other side and rises to a situation where the litigant is attempting to abuse or misuse the legal process”: Jamieson v Denman, 2004 ABQB 593 (CanLII), para 127.282 In Chutskoff v Bonora, 2014 ABQB 389 (CanLII), Michalyshyn J identified a “catalogue” of features of vexatious litigation: • Collateral attack. • Hopeless proceedings. • Escalating proceedings. • Bringing proceedings for improper purposes. • Initiating “busybody” lawsuits to enforce alleged rights of third parties. • Failure to honour court-ordered obligations. • Persistently taking unsuccessful appeals from judicial decisions. • Persistently engaging in inappropriate courtroom behavior. • Unsubstantiated allegations of conspiracy, fraud, and misconduct. • Scandalous or inflammatory language in pleadings or before the court. • Advancing “Organized Pseudolegal Commercial Argument.” Any of these indicia are a basis to classify a legal action as vexatious. 283 There is no burden on an applicant to show that the access to information request is for a legitimate purpose. It is not improper to request information from the state for the purpose of seeking civil redress arising from the manner in which the state conducted proceedings against an applicant.284 When considering whether a request was made on grounds that are frivolous or vexatious, the Commissioner is determining whether there is a pattern or type of conduct on the part of the applicant that amounts to an abuse of the right of access or correction. An abuse of the right of access or correction is where an applicant is using the access/correction provisions of LA FOIP in a way that are contrary to its principles and objects. The following factors should be considered: • Number of requests: is the number excessive. 282 AB IPC Request to Disregard F2019-RTD-01 at p. 13. 283 Chutskoff v Bonora, 2014 ABQB 389 (CanLII) at [93]. See also AB IPC Request to Disregard F2019RTD-01 at p. 13. 284 AB IPC Request to Disregard F2019-RTD-01 at p. 13.
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