THUNDER BAY — A city resident who appeared or tried to appear in Superior Court more than 100 times on various matters since 2013 may no longer institute proceedings in any court without a judge's permission.
It happens rarely, but under the Courts of Justice Act, a judge can make such an order when he is satisfied "that a person has persistently and without reasonable grounds instituted vexatious proceedings...or conducted a proceeding in any court in a vexatious manner."
The application to designate Gordon R. Gravelle a vexatious litigant was made by Avis Industrial Corporation, which filed an affidavit disclosing that it had appeared in court with Gravelle 43 times, and that many of these instances were "attempts to vary or reconsider prior orders." In addition, the company said, he launched appeals in the Court of Appeal, "all of which have been dismissed for delay."
Gravelle is not a lawyer, but provided an affidavit that said he had "studied and practiced law for 25 years," that one judge had described his knowledge of the law as "quite impressive," and that another had indicated her disbelief as to his "inherent legal knowledge, and skills to prepare a factum, and argue an appeal."
However, Justice W.D. Newton decided, in a ruling issued in July, that Gravelle's actions in court followed many of the characteristics of vexatious litigants as outlined by an Ontario judge in 2012 regarding a man who spent almost 20 years pursuing his ex-wife in some form of litigation or proceeding.
- ignoring adverse rulings and procedural setbacks
- resorting to multiple, repetitive proceedings, often against the same adversary
- launching court proceedings as if unconcerned about financial resources invariably consumed by such actions
- persistently abusing the court process
- bringing one or more actions to determine an issue which has already been determined by the court
- rolling forward issues raised previously into subsequent actions
- failing to pay costs of unsuccessful proceedings
- persistently taking unsuccessful appeals from judicial decisions
Justice Newton referred to several proceedings Gravelle was involved with in recent years, including an action against the Thunder Bay Police Services Board and two officers that resulted in 38 appearances in court and failed appeals.
The judge stated "I do not question Mr. Gravelle's sincerity when he suggests that he believes that he is not bringing unmeritorious claims. However, his record in this court and in the Court of Appeal demonstrate that his belief, although sincere, is not correct in law."
Justice Newton noted that court and judicial resources are strained, and quoted another judge's statement that "Every moment devoted to a vexatious litigant is a moment unavailable to a deserving litigant."
His order means that Gravelle can neither institute new proceedings in court, nor continue any previously-instituted proceedings, without permission from a Superior Court judge.
The order does not apply to an appeal of his decision, should there be an appeal.
Tbnewswatch was unable Wednesday to reach Gravelle for comment.
