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Federal Courts Act

Version of section 40 from 2002-12-31 to 2003-07-01:

Marginal note:Vexatious proceedings

  •  (1) Where the Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, the Court may order that no further proceedings be instituted by the person in the Court or that a proceeding previously instituted by the person in the Court not be continued, except by leave of the Court.

  • Marginal note:Attorney General of Canada

    (2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who shall be entitled to be heard on the application and on any application made under subsection (3).

  • Marginal note:Application for rescission or leave to proceed

    (3) A person against whom an order under subsection (1) has been made may apply to the Court for rescission of the order or for leave to institute or continue a proceeding.

  • Marginal note:Court may grant leave

    (4) Where an application is made under subsection (3) for leave to institute or continue a proceeding, the Court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding.

  • Marginal note:No appeal

    (5) A decision of the Court under subsection (4) is final and is not subject to appeal.

  • R.S., 1985, c. F-7, s. 40 1990, c. 8, s. 11

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