Good News For Nova Scotia Employers Facing Vexatious And Frivolous Litigation!

It may be that the person who writes such words as appear throughout this record is in need of help - in which case I would hope the appropriate intervention would be quick, tactful and effective. Be that as it may, such disgraceful and venomous language has no place in Canada's hallways of justice. Mr. Liu has revealed himself to be someone who lashes out at practically every individual whom he perceives to have found against him. He imagines a conspiracy at every level. He initiates proceedings in a variety of courts and, when shut down in one, tries to switch the venue or gain entry to another.

I agree with Mr. Graham's submissions that no litigant in Nova Scotia should ever be victimized by such groundless and abusive personal attacks, and then be forced, with paltry recourse, to retain counsel at considerable expense to defend itself against such spurious claims. Mr. Liu's scandalous allegations against court staff, public officials, lawyers, and judges demonstrate unequivocally that he has no respect for the Court or its process....

Liu v. Atlantic Composites Limited, 2014 NSCA 58

And so ends the ongoing litigation stemming from a claim for benefits following a workplace incident that ballooned into a cascade of motions, appearances, hearings, appeals and lawsuits for more than $500M.

What happened?

Mr. Liu sued his employer for wrongful dismissal. When he brought a motion for summary judgment on the evidence, the employer sought an adjournment to file affidavits and documentation for a summary judgment motion.

The summary judgment motion was heard and dismissed with the motions judge finding "that practically every material fact was in dispute". Mr. Liu appealed that decision. Both appeals were set down to be heard together. Mr. Liu did not perfect his appeal, or file his appeal books or facta. He also did not pay security for costs of $15,000 that had been ordered by the Court of Appeal.

The employer made a motion to dismiss Mr. Liu's appeals and asked for costs on a solicitor-client basis.

What did the Court say?

Here's some flavour, but we always recommend reading the entire case as there's only so much we can quote for blog purposes.

67. In light of the recent decisions of this Honourable Court, the Respondent submits that the history of the proceedings in this Court and the Court below demonstrate that the Appellant has acted in a manner that is vexatious or abusive. Whenever the Respondent has made a reasonable request of the...