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ARTICLE · 25 AUGUST 2026

What Makes A Vexatious Litigant? OSCJ Highlights Both Determinative And Non-Determinative Factors

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A recent Ontario Superior Court decision examines what constitutes vexatious conduct when a defendant seeks to restrain a plaintiff from pursuing further interlocutory proceedings. The Court granted the restraining order but clarified that not all seemingly problematic behavior—such as prior vexatious litigant declarations or unpaid costs awards—will justify such restrictions.

CanadaLitigation, Mediation & Arbitration
Max Libman
Max Libman
Julie Reiken
Julie Reiken
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In Wang vs. Banton 2026 ONSC 1553, a defendant moved for an order to restrain the plaintiff from initiating or pursuing further interlocutory proceedings within the main action. The Court granted the order and, in doing so, provided helpful insights into the kinds of conduct that the Court will (and will not) consider to be vexatious in determining motions of this nature.

The plaintiff sued the defendant in for damages stemming from a motor vehicle accident. In 2022, the plaintiff attended a physiatry assessment scheduled by the defendant. The defendant also hired an interpreter to help the plaintiff communicate with the psychiatrist. After the assessment, the plaintiff demanded that the defendant disclose the interpreter’s name, contact information and photo I.D. The defendant provided the name, but did not provide the other requested information.

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