You've provided some sound advice here, Arabian.
I would only add that the bench mark for having someone deemed a vexatious litigant is high. My ex took me to court several times in the course of 18 months. But when I brought my motion to have him deemed a vexatious litigant, the Judge did not think we had proven enough reason. However, the Judge did agree that my ex should be prohibited from bringing forward any more motions/applications without first obtaining leave from the court. Therefore, I believe having one deemed a vexatious litigant is a lot more difficult.
Tayken and Orleans are both spot on about the improbability of proceeding without notice. Like it or not, the opposing party is entitled to an opportunity to address your motion. Anticipate what he/she may respond with and be prepared to submit a reply affidavit.
I would only add that the bench mark for having someone deemed a vexatious litigant is high. My ex took me to court several times in the course of 18 months. But when I brought my motion to have him deemed a vexatious litigant, the Judge did not think we had proven enough reason. However, the Judge did agree that my ex should be prohibited from bringing forward any more motions/applications without first obtaining leave from the court. Therefore, I believe having one deemed a vexatious litigant is a lot more difficult.
Tayken and Orleans are both spot on about the improbability of proceeding without notice. Like it or not, the opposing party is entitled to an opportunity to address your motion. Anticipate what he/she may respond with and be prepared to submit a reply affidavit.
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