PRACTICE
Vexatious proceedings—Application for order under Federal Court Act, s. 40 respondents not be permitted to institute further proceedings in Court except with leave of Court, all pending proceedings previously instituted by respondents not be continued except with leave of Court—In August 1986, officials of Revenue Canada executed search warrant at Olympia’s premises, seizing substantial quantities of documents, financial books, records—In 1987, Olympia, Ms. David charged with 73 counts of offences under Excise Tax Act—Respondents alleging Olympia unable to carry on affairs as result of prosecution—Ms. David, who had personally guaranteed Olympia’s liabilities, declared personal bankruptcy—Statement of claim in F.C.T.D. alleging prosecution malicious, negligent, Ms. David’s rights guaranteed by Charter, ss. 7, 8, 15 violated—In March 1999, MacKay J. dismissing action brought by respondents with costs to defendant—Ms. David’s claim to damages for malicious prosecution, misfeasance, breaches of Charter rights unsuccessful—All avenues of appeal exhausted—Order under Act, s. 40(1) extraordinary remedy—In appropriate cases, remedy necessary in order to maintain respect for judicial process, to protect others from frivolous, pointless litigation—Factors to be considered when application brought under Act, s. 40(1)—Ms. David not motivated by vindictiveness—Her efforts properly characterized as taking issues related to tax indebtedness, allegations of improper conduct on part of Crown servants, rolling them together in subsequent proceedings, then repeating, supplementing issues even after determined against Ms. David, company—Appropriate case to grant relief requested by Crown—No misconduct on part of respondents herein to attract award of solicitor-and-client costs—Appropriate case for each party to bear own costs—Federal Court Act, R.S.C., 1985, c. F-7, s. 40 (as am. by S.C. 1990, c. 8, s. 11)—Excise Tax Act, R.S.C., 1985, c. E-15—Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 7, 8, 15.
Canada v. Olympia Interiors Ltd. (T-2210-00, 2001 FCT 859, Dawson J., order dated 7/8/01, 25 pp.)