Background:

• The dispute arose from Vermillion Networks Inc’s (Ferguson Entities) attempt to trademark “Vermillion,” which Vermilion Energy Inc (Energy Entities) opposed in 2012.
• The Trademark Opposition Board (TMOB) partially rejected the application, and subsequent lawsuits by the Ferguson Entities were dismissed as collateral attacks on TMOB decisions or as outside provincial jurisdiction.

Key Issues:

• Wade Ferguson and the Ferguson Entities were declared vexatious litigants under the Judicature Act (sections 23 and 23.1) due to:
  • Over 55 lawsuits since 2006, many repetitive or meritless.
  • Forum shopping and re-litigating resolved issues.
  • Persistent litigation failures and misuse of the courts.
• Indefinite court access restrictions were imposed after interim restrictions failed to deter abusive behavior.

Appeal:

• Applicants’ Claims: The chambers judge erred in law by overemphasizing litigation volume and disregarding Ferguson’s autism as a mitigating factor.
• Respondents’ Position: Supported the designation, citing continued prejudice from the applicants’ conduct.

Decision:

• The Court of Appeal upheld the chambers judge’s findings, emphasizing:
  • Persistent vexatious conduct was proven under the Judicature Act.
  • Ferguson’s autism did not impair his ability to litigate or excuse misconduct.
  • Access restrictions were necessary due to ineffectiveness of other measures.
• The appeal raised no significant legal issues and lacked merit.

Outcome:

Permission to appeal was denied, with the court highlighting the undue burden further litigation would impose on the respondents. No monetary damages or awards were granted.