Litigation abuse
Litigation abuse is an increasingly common form of family violence. It can be defined as conduct that misuses the family court system in a way that could reasonably be expected to cause emotional or financial harm to the other party or their children. The harm resulting from litigation abuse is greater than that which would occur during the proper use of the family court process. It can be characterized as conduct that is unreasonable, unfair, in bad faith or an abuse of the litigation process.
Litigation abuse may be motivated by a perpetrator’s desire to gain an unfair advantage in the litigation or to control a former partner. Alternatively, it may be the result of anger, vengeance, or mental health issues.
Unfortunately, litigation abuse may cause victims to give up their claims in court or to agree to outcomes that may cause them financial loss or expose them or their children to physical risk or emotional harm. Litigation abuse is particularly concerning in cases of coercive controlling violence that may victimize women and their children or in cases that involve parental alienation. Sometimes, litigation abuse occurs in cases that do not involve violence or alienation.
Judicial responses to litigation abuse in Ontario vary. Some remedies that the courts have imposed include case management, fines for non-disclosure, striking of pleadings, findings of contempt, costs awards, dismissal of claims, summary judgement, orders for security for costs and declarations that a person is a vexatious litigant.
It is important to recognize if you are in a situation that involves litigation abuse and alert the courts to this fact. For more information about litigation abuse or if you feel you are in a situation that involves litigation abuse, contact us today.