Thomas Tupper's traffic accident sparked conspiracy fears
Nova Scotia's highest court will hear arguments today on whether to declare a man a vexatious litigant.
The hearing caps a legal battle that began with a traffic accident more than 30 years ago.
It started with a lawsuit filed by Thomas Percy Tupper, and stems from a traffic accident in Kentville in 1983. Tupper was riding a motorcycle when he struck and injured a pedestrian.
Tupper was uninsured and riding without a headlight at 1:30 a.m. on June 4, 1983. The pedestrian was drunk and unable to avoid the collision.
A judge decided Tupper was 75 per cent responsible for the collision and awarded the pedestrian more than $28,000.
However, according to previous court decisions in this case, Tupper became convinced he was the victim of a conspiracy, which eventually grew to include several lawyers and his girlfriend.
'Scurrilous and unsubstantiated accusations'
In his statement of claim in this latest lawsuit, Tupper wrote:
"This is a lawsuit on how Larry Hake [the pedestrian] and four lawyers conspired to commit insurance fraud, extortion, etc., and had me pay back their stolen money to the insurance company they robbed and when I couldn't pay, my driver's licence was suspended."
In a decision released in June, Justice Nick Scaravelli described Tupper as a "vexatious litigant."
"He has made scurrilous and unsubstantiated accusations against all defendants charging malice, bad faith, gross negligence, extortion and intimidation," the judge said.
Tupper is trying to appeal Scaravelli's ruling. At the same time, the province's attorney general wants Tupper declared a vexatious litigant. Three lawyers who represented Tupper in the past are also involved in today's hearing. They now have a lawyer of their own.
Tupper is one of a handful of very active litigants who have run afoul of various courts in Nova Scotia.
Active litigants
Guo Yi Liu has waged a protracted legal battle against his former employer, Composites Atlantic Limited.
Ralph Ivan Doncaster has been the subject of at least 36 decisions in various Nova Scotia courts over the last couple of years and he continues to file lawsuits
Wanda Cummings is another frequent filer. In one of her last encounters with the courts, Justice Ted Scanlan wrote: "The processes in place are not intended to provide a forum for justice participants to embark upon a mind-numbing series of applications and appeals without regard to the merits or costs."
Cummings's legal battles began with a series of actions she and another woman launched against a Prince Edward Island company, Belfast Mini-Mills.
She has also sued the provincial attorney general, the federal attorney general, the Nova Scotia Public Prosecution Service and the Halifax Regional Municipality. Most of her lawsuits have been dismissed.
