The case stemmed from lawsuit against the City of Toronto
The Ontario Superior Court of Justice declared a licensed lawyer a vexatious litigant, barring him from initiating or continuing legal proceedings without prior court approval due to his persistent abusive and harassing behaviour in litigation against the City of Toronto and others.
On October 5, 2022, Shane O’Herlihy filed a personal injury lawsuit against Toronto and a city employee, Kirk Lawrence, alleging assault at the Jack Layton Ferry Terminal. After the defence was filed, O’Herlihy embarked on a campaign of harassment, sending 392 emails, voicemails, and letters over 318 days to the defendants, their lawyers, and unrelated parties. His communications included threats to embarrass and harm the lawyers and their families to force a settlement.
O’Herlihy's actions escalated when he launched a public campaign against Lawrence, referring to him as a "Pride Killer." He distributed flyers and engaged in a social media campaign against the defendants and their counsel and was charged with criminal harassment and defamatory libel in June 2023 with respect to his conduct towards Mr. Lawrence.
The court found that O’Herlihy’s behaviour significantly increased the costs and inconvenience for the defendants. His strategy was to pressure them into a settlement by and he left a voice mail with Mr. McGivney in which he stated that the action would be a “public relations nightmare for BLG.” Despite his efforts, the defendants did not yield to his tactics.
The City of Toronto sought to have O’Herlihy declared a vexatious litigant under section 140 of the Courts of Justice Act. The court reviewed extensive evidence of his abusive and threatening conduct, including 392 emails and voicemails, many of which were offensive and irrelevant. The court found that O’Herlihy used the litigation process to abuse, harass, and threaten the defendants, consuming significant judicial resources in the process.
O’Herlihy’s conduct during the litigation included submitting voluminous documents, such as 2,374 cross-examination questions and numerous scandalous requests to admit. His actions were deemed to have no reasonable grounds and to be part of a strategy to harass the defendants.
The Superior Court concluded that O’Herlihy is a vexatious litigant, emphasizing that his behaviour demonstrated a persistent pattern of abuse and harassment. The court ordered that O’Herlihy be prohibited from initiating or continuing any legal proceedings in Ontario without prior court approval.
In his ruling, the judge stated that O’Herlihy’s conduct was more abusive than in comparable cases and that a significant cost award was necessary to sanction his inappropriate behaviour and discourage future misconduct.
