Plaintiff
Defendant
Case Background: Wade Ferguson and his controlled entities (Vermillion Networks Inc, Vermillion Institute, Vermillion Communities Incorporated) are plaintiffs in a lawsuit against Vermilion Energy Inc and associated entities. The plaintiffs were previously restricted by the court due to a history of litigation misconduct.
Current Issue: The court considered whether to impose indefinite court access restrictions on Ferguson and his entities and formally designate them as vexatious litigants.
Facts: The plaintiffs and defendants use similar corporate names, which has been a part of ongoing legal disputes. Ferguson missed filing deadlines set by the court and submitted numerous communications outside of court stipulations.
Legal Framework: The court reviewed its ability to impose court access restrictions under the Judicature Act. Such restrictions are typically considered a last resort to manage persistent abusive litigation behavior.
Court's Findings: The court found that Ferguson’s litigation behavior continued to be problematic, including missed deadlines and unauthorized filings. His history of litigation was viewed as an abuse of the court's process and not merely unsuccessful but persistent and vexatious.
Decision: The court decided to impose indefinite court access restrictions on Ferguson and his associated entities. They must now seek the court's permission before initiating or continuing any litigation.
Further Actions: The court instructed the defendants' counsel to prepare the order formalizing this decision, noting that Ferguson’s approval of the order was not required due to his conduct.
Costs: The court mentioned that submissions on legal costs would be considered if the parties could not otherwise agree.
Court
Court of King's Bench of AlbertaCase Number
1601 14977Practice Area
Civil litigationAmount
Winner
DefendantTrial Start Date
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