Woman assailing denial of auto accident benefits banned from filing new claims without leave
In response to the parties’ applications to declare each other a vexatious litigant, the Saskatchewan Court of Appeal dismissed the plaintiff’s application, granted Saskatchewan Government Insurance’s (SGI) application, and awarded SGI the costs of both applications.
In Yashcheshen v Saskatchewan Government Insurance, 2026 SKCA 8, the plaintiff was involved in motor vehicle accidents in 2000 and 2005. SGI was the insurer under Saskatchewan’s Automobile Accident Insurance Act, 1978. Under s. 191 of the legislation, the plaintiff challenged the denial of benefits for injuries.
In 2020, the Saskatchewan Court of Queen’s Bench (now King’s Bench) declared the plaintiff a vexatious litigant and required her to obtain leave from the court before commencing any action.
The plaintiff appealed to the Saskatchewan Court of Appeal. In 2022, the appeal court upheld the vexatious litigant order. However, the appeal court removed the original order’s reference to “other applications.”
In effect, the updated order required the plaintiff to obtain leave to file new claims or originating applications in the Court of King’s Bench, but not interlocutory applications related to already commenced litigation.
The appeal court found the original order overly broad because it obliged the plaintiff to seek leave to bring any new claims, originating applications, and interlocutory applications in existing proceedings.
In five different judicial centres of the Court of King’s Bench from 2023–24, the plaintiff filed five applications seeking leave to commence actions against SGI.
Martel Popescul, chief justice of the Court of King's Bench, found it necessary to order case management of the five leave applications and issued a detailed procedural order in connection with the leave applications.
The plaintiff failed to appeal the procedural order within the required timelines. She thus applied to extend the time to appeal. She also filed a draft notice of appeal asserting 15 appeal grounds.
On Oct. 18 and Oct. 30, 2024, under r. 46.2(1) of The Court of Appeal Rules, SGI and the plaintiff each applied to designate the other a vexatious litigant in the Saskatchewan Court of Appeal.
On Oct. 30, 2024, an appeal court judge deemed it inappropriate to extend the time to appeal, found leave necessary to appeal the interlocutory procedural order, and saw no arguable basis to intervene even if it had been a final order.
SGI not deemed vexatious
The Court of Appeal for Saskatchewan decided that it had the jurisdiction to entertain a r. 46.2(1) application, regardless of whether there was a live appeal.
Allowing SGI’s application, the appeal court declared the plaintiff a vexatious litigant under r. 46.2(1) and prohibited her from commencing new proceedings without leave from an appeal court judge.
While preserving the plaintiff’s right to pursue her legitimate interests through legal proceedings, the appeal court’s remedial order aimed to limit her litigation conduct to prevent her from bringing obviously meritless proceedings, burdening the appeal court and other litigants, and forcing them to deal with long, unnecessary filings.
The appeal court ruled that the plaintiff misused the litigation process and repeatedly initiated and prosecuted frivolous, vexatious, and abusive proceedings before it.
Dismissing the plaintiff’s application, the appeal court declined to designate SGI as a vexatious litigant under r. 46.2(1). The appeal court saw no reason to issue a vexatious litigant order against SGI and considered the plaintiff’s r. 46.2(1) application an example of her vexatious litigation conduct.
