Access to justice is a well-known and widely recognized principle. However, it may have certain limitations in very specific cases. Let us examine one of them.
Querulousness. This is one of the many challenges that actors in the Quebec judicial system may face. It is defined as follows:
“Behavior of a litigant who abuses the courts by multiplying judicial proceedings”1
A litigant exhibiting querulous behavior is a scourge because, due to their actions, stubbornness, and manner, they misuse judicial system resources. This limits access to justice for certain litigants or delays it.
Since the emergence of this concept several years ago, the courts have developed analytical frameworks and criteria to determine whether a litigant should indeed be classified as querulous. The various criteria established by case law2 to determine whether a litigant is querulous are as follows:
1. Multiplicity of proceedings
A litigant who multiplies proceedings is one who will bring all kinds of requests before administrative and/or judicial tribunals. Regardless of whether these are legally founded, the querulous litigant seizes the court without hesitation and does not hesitate to seek the court’s assistance regarding the same question or situation repeatedly, even though the matter has already been decided.
2. Stubbornness, obstinacy, and narcissism
The querulous litigant is a party who always places blame on others in connection with the issues they experience. They systematically refuse to be held responsible for their own troubles and always seek someone to blame for their problems. It is also not uncommon for them to believe they are the victim of a conspiracy, persecution, or harassment by judicial authorities or anyone who crosses their path.
3. Plaintiff rather than defendant
The querulous litigant is a party who, as a general rule, will always immediately seize the courts and act as plaintiff. In other words, they are generally the pursuer and not the pursued.
4. Repetitive and verbose arguments; Incongruous arguments
This criterion relates to the first one mentioned above. The querulous litigant always brings the same arguments back to the table, which tend to be legally unfounded. This occurs regardless of how many times they have presented these arguments to the court in previous or concurrent proceedings and cases.
5. Failure to pay costs
As a general rule, depending on the judgment rendered by the courts, one of the parties is ordered to reimburse the costs3. However, as you will have understood, the querulous litigant is more often than not ordered to pay these costs but is often in default of complying with these orders.
6. Refusal to accept unsatisfactory decisions
The querulous litigant always pursues judicial remedies to the end, at all costs, and contests decisions unfavorable to them without hesitation or remorse.
7. Self-representation
There are certain rules regarding representation, as to which type of litigant must absolutely be represented by a lawyer in judicial proceedings. Thus, a legal person or the liquidator of a succession must absolutely be represented by a lawyer4. The querulous litigant, although not necessarily required to be represented by a lawyer in judicial proceedings, generally represents themselves without the assistance or involvement of a lawyer.
8. Exaggerated or atypical conclusions
In the same vein as the criterion related to “incongruous, repetitive, and verbose arguments,” the querulous litigant often seeks to have the courts issue increasingly unusual orders. Claiming ownership rights over an object such as the moon, for example, could be a request made by a querulous litigant.
9. Lack of respect for the authority of the courts; allegations riddled with insults and abuse
As final criteria, it is also not uncommon to observe that querulous litigants do not hesitate to file judicial proceedings filled with insults and abuse while targeting various actors in the judicial system. All of this without any hesitation or remorse. No one is safe in these circumstances.
What to do when faced with a querulous litigant?
Although these situations are particularly burdensome and difficult, solutions exist for victims of querulous litigants. Indeed, registers of querulous litigants have been developed by the Quebec government.
These registers consist of lists of litigants who must obtain a judge’s authorization to be able to institute judicial proceedings.
In order to have a querulous litigant added to these registers, it is necessary to bring an application before the Court to that effect to limit their right to seize the courts in the future. A judgment declaring a litigant querulous will have the effect of greatly limiting their right to seize the court and will simultaneously protect the victims of their judicial harassment. It is even possible, depending on the circumstances, for this querulous litigant to be ordered to pay damages due to this behavior.
In all cases, if you believe you are the victim of such behavior, do not hesitate to contact us and we will be able to guide you through the situation.
