This article analyzes the first three years of the operation of Rule 2.1 of Ontario’s Rules of Civil Procedure (the “Rule”), which allows a court to very summarily dismiss litigation that is “on its face” frivolous, vexatious, and/or abusive. The author explores the history of and rationale for the Rule, in the context of the access to justice crisis in Ontario, and in light of the perceived inadequacy of alternative mechanisms for addressing the dangers raised by vexatious litigants. He then reviews all 190 Rule 2.1 decisions decided between July 1, 2014 and June 30, 2017, with the goal to provide guidance for future lawyers and judges considering using the Rule. This is followed by an analysis of the effects on access to justice of the Ru...
This Article addresses the effectiveness of recent developments and proposals related to abusive lit...
In this paper, I describe the face of modern civil justice and discuss four paradoxes which justify ...
The Supreme Court of Canada’s Charter jurisprudence often resembles a seesaw. The Court will tilt to...
This article analyzes the first three years of the operation of Rule 2.1 of Ontario’s Rules of Civil...
This article argues that access to judges is an essential element of access to justice. Traditional ...
In light of the frequency with which the issue arises, this article discusses the viability of the r...
In the mid-twentieth century, Ontario abandoned a simple, full indemnity costs rule in favour of a d...
Canada has a complex system of courts that seek to serve Canadians in view of the traditional object...
Concentrating on Canadian experience, specifically litigation under the Canadian Charter of Rights a...
Ontario’s Class Proceedings Act [CPA] is 30 years old. In the past three decades, it has inspired si...
This paper argues for increased access to civil justice in Ontario for citizens who cannot privately...
Conflict of Laws--Torts--Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Juri...
In his 2004 Horace E Read Memorial Lecture, David Mullan assesses the impact of the due process exp...
In Reference to the Court of Appeal of Quebec pertaining to the constitutional validity of the provi...
Although the Supreme Court of Canada’s seminal decision in Dunsmuir v. New Brunswick has now been ci...
This Article addresses the effectiveness of recent developments and proposals related to abusive lit...
In this paper, I describe the face of modern civil justice and discuss four paradoxes which justify ...
The Supreme Court of Canada’s Charter jurisprudence often resembles a seesaw. The Court will tilt to...
This article analyzes the first three years of the operation of Rule 2.1 of Ontario’s Rules of Civil...
This article argues that access to judges is an essential element of access to justice. Traditional ...
In light of the frequency with which the issue arises, this article discusses the viability of the r...
In the mid-twentieth century, Ontario abandoned a simple, full indemnity costs rule in favour of a d...
Canada has a complex system of courts that seek to serve Canadians in view of the traditional object...
Concentrating on Canadian experience, specifically litigation under the Canadian Charter of Rights a...
Ontario’s Class Proceedings Act [CPA] is 30 years old. In the past three decades, it has inspired si...
This paper argues for increased access to civil justice in Ontario for citizens who cannot privately...
Conflict of Laws--Torts--Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Juri...
In his 2004 Horace E Read Memorial Lecture, David Mullan assesses the impact of the due process exp...
In Reference to the Court of Appeal of Quebec pertaining to the constitutional validity of the provi...
Although the Supreme Court of Canada’s seminal decision in Dunsmuir v. New Brunswick has now been ci...
This Article addresses the effectiveness of recent developments and proposals related to abusive lit...
In this paper, I describe the face of modern civil justice and discuss four paradoxes which justify ...
The Supreme Court of Canada’s Charter jurisprudence often resembles a seesaw. The Court will tilt to...