Disclaimer: This article aims to provide educational information surrounding the family court system. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.

The family court system is designed to provide fair and just resolutions for families going through difficult times.

However, sometimes, people misuse this system as a weapon rather than a tool for justice. If you’re dealing with an ex who keeps dragging you back to family court, you’re not alone. This can be a stressful, time-consuming, and costly experience. You might wonder, “Can I make them stop?”

This blog will explore what you can do if you believe your ex is using the family court system to harass or overwhelm you. We’ll discuss the legal mechanisms that can help, as well as recent legislative updates to protect you from such behavior.

My ex keeps taking me to court. Can I make them stop? 

We understand how exhausting it can be if your ex-partner keeps dragging you back to court. In such cases, you may need to take legal action to protect yourself. 

The good news is that there are ways to address this. If your ex is repeatedly taking you to court without a legitimate reason, you can ask the court for an order to stop these unnecessary applications or motions. Courts have the authority to recognize when someone is abusing the legal process and, in such cases, can declare the other party a “vexatious litigant.”

What is a vexatious litigant? 

A vexatious or abusive litigant is someone who repeatedly brings legal actions without merit, primarily to harass or subdue their opponent.

In family law, this often involves filing numerous frivolous motions, applications, or appeals, with little to no legal basis, just to wear down the other party. This behavior can be a form of legal harassment and can have significant emotional and financial impacts on the person on the receiving end.

Court Orders made under the Courts of Justice Act

As the Ontario Bar Association recently noted, access to justice is fundamental to a healthy democratic society, but that right comes with responsibilities and accountability. Unnecessary applications and motions burden the courts, waste valuable resources, and add to the heavy court backlog.

Under the Courts of Justice Act, you can ask the court to declare your ex-partner a vexatious litigant. If granted, this order can prevent your ex from bringing further applications or motions without court approval. Remember, this applies to both parties, so be sure to handle disputes carefully to avoid similar restrictions on your ability to take legal action.

To clarify, if an order is made, that does not mean that you or your ex cannot bring any further actions or claims. It simply means that you will need the court’s permission to proceed.

Factors the courts will consider when making an order under section 140 of the Courts of Justice Act

The court considers various factors before making such an order, which were recently outlined in Anthony v. Ward, 2024 ONSC 4683, including: 

• Has the person brought actions on issues already decided by a competent court?
• Is it evident that the action cannot succeed or will not lead to any benefit?
• Was the action filed to harass or oppress rather than address legitimate issues?
• Is the person repeatedly raising the same issues in new actions or targeting lawyers from previous cases?
• Does the person’s conduct appear vexatious when considering the entire history of the matter?
• Has the person failed to pay costs for unsuccessful actions?
• Has the person persistently filed unsuccessful appeals?

Bill 157, Enhancing Access to Justice Act, 2024

On March 6, 2024, the Ontario government’s Bill 157, which proposed changes to section 140 of the Courts of Justice Act (vexatious proceedings), received Royal Assent. The Royal Assent version of Bill 157, Enhancing Access to Justice Act, 2024, can be viewed online here.

While the basic criteria for what counts as vexatious conduct haven’t changed, the new wording gives courts more flexibility in the types of orders they can issue, including a broad option for “any other term that is just.”

One change worth noting is that section 140 of the Courts of Justice Act is amended. It now allows judges of the Superior Court of Justice and the Court of Appeal to make orders related to vexatious proceedings. 

However, the most significant change is regarding how and when a vexatious litigant order can be made. The new provisions enable claims to be brought on motion, not just application, and allow judges to act on their own initiative. 

Plat Simionati LLP: Family Law Lawyers Helping you navigate your family’s next chapter 

At Plat Simionati LLP, our family law attorneys bring decades of experience to handling a wide range of family law matters. Whether you need assistance with parenting time (previously known as access or visitation), decision-making responsibility (formerly child custody), spousal and child support, or any other family law issue, we are here to guide you through the legal process. We are well-versed in family law litigation, from bringing court applications to advocating for your rights every step of the way.

We also encourage our clients to explore alternative dispute resolution methods, such as mediation and collaborative law, as a way to reach fair and amicable solutions. Sean Plat, one of our skilled mediators, is also qualified to provide collaborative law services. He can help you come to agreements that prioritize the best interests of your child and support your family’s ability to move forward.

For personalized legal advice that puts your family first, reach out to Plat Simionati LLP today.