Law Practice Essentials

In 2012, Associate Chief Justice J.R. Rooke released the well-publicized and informative decision in Meads v. Meads . The decision was timely as the court was grappling with how best to manage matters involving what Justice Rooke labelled organized pseudolegal commercial argument (OPCA) litigants. These litigants are typically self-represented, and their actions often result in significant disruptions to the court process and affect the rights of others. In Meads, Justice Rooke reviewed at length the elements that suggest the party has adopted OPCA-based litigation strategies, examined why the different arguments and tactics these litigants use have no legal basis, and set out remedies that the court and other court participants may employ to deal with these litigants. The decision, and information it contains, continues to be relevant and it is important that you take the time to read it so that you can be prepared to safeguard a client and yourself in the event that the opposing party is an OPCA litigant. The following are important considerations to keep in mind:

• You should not equate an OPCA litigant to an SRP who has difficulty following court rules and procedures due to lack of knowledge or other limitations. 
  
  
• Although the material and arguments OPCA litigants provide can be nonsensical, these litigants can be quite educated and sophisticated. You should not underestimate an OPCA litigant. Justice Rooke outlined some of the common themes and language OPCA litigants use, and you can refer to his reasons when determining if you are dealing with an OPCA litigant.
  
  
• As not every judge will have the same level of knowledge regarding OPCA strategies, it may be helpful to provide the judge with complete information  about  the background and context of your matter. Justice Rooke, at paragraph 650 of the Meads decision, outlined specific information that may be helpful to the court. 
  
  
• You have a duty not to participate in or facilitate OPCA schemes. This includes not notarizing documents presented by an OPCA litigant. 
  
  
• Pursuant to Rule 1.2(3)(a) of the Rules of Court, you have a duty to identify or make an application to identify the real issues in dispute and facilitate the quickest means of resolving the claim at the least expense. 
  
  
• Justice Rooke confirmed that there are a number of remedies the court can grant to deal with OPCA litigants, including the following types of orders:
  
  
• the litigant’s action and/or pleadings may be struck;
  
  
• the litigant may be required to file material that conforms with court formalities if he or she wishes to participate in the process; 
  
  
• the litigant may be required to appear before the court in a show cause hearing to prove the litigant has an action or defence that is recognized in law;
  
  
• fines, punitive damages, or elevated costs may be ordered against the litigant;
  
  
• the litigant may be directed to pay security for costs; 
  
  
• a judge may be seized of the matter or the parties can be assigned a case management judge;
  
  
• the litigant may be deemed to be a vexatious litigant, such that the litigant is restricted in his or her ability to initiate or continue an action;
  
  
• the litigant may be denied the authority to act as a representative or agent in court.