880 THE ADVOCATE
VOL. 77 PART 6 NOVEMBER 2019
in both common law and statutory applications, an involvement that has
attracted some media attention recently in relation to municipal actions
connected to charitable trusts in both West Vancouver and Comox.1 Such
applications, both common law and statutory, are on notice to the Attorney
The Attorney General’s Role with Respect to Vexatious Litigants
The law of public nuisance recognizes the special role and responsibility of
the Attorney General in defending the public interest. Addressing public nuisance
includes applications by the Attorney General to address those who
persistently and unreasonably burden the courts with vexatious litigation.
Vexatious litigant orders are severe in that they limit an individual’s
access to the courts. While relatively rare, if required the Attorney General
may apply to limit the ambit of vexatious litigation and, it is hoped, enable
the courts to focus their finite resources on legitimate disputes.
In recent decisions concerning two vexatious litigant applications, the
B.C. Supreme Court and Court of Appeal confirmed the Attorney General’s
authority to bring applications in response to vexatious applications or
The Attorney General’s Role in Private Family Disputes
The Attorney General’s role to appear as a party on matters of public interest
in litigation finds statutory grounding even in matters as personal as private
family law disputes, via s. 204 of the province’s Family Law Act.
The Attorney General’s Role as a Dad
For those of you who have made it this far, I’m happy to share that your
Attorney General has an important new non-statutory role in the province,
as father to the recently arrived Iva Eby, our second child. Thank you to all
who have sent congratulations and greetings to baby Iva!
Attorney General Is Suing West Vancouver”, Vancouver
1. See Troy Landreville, “Comox Council Requests
Redesign for Viewing Platform at Mack Laing Park”,
My Comox Valley Now (5 April 2019), online:
laing-park>; Brent Richter, “Why the B.C.
Is Awesome (17 July 2019), online: <www.
2. Hokhold v Canada (Attorney General), 2019 BCSC
1106; Gonzalez v British Columbia (Attorney General)
, 2019 BCCA 88.