Such research as there is tends to suggest that initially the querulous litigant had a legitimate grievance. The judicial or other resolution of that grievance, however, never satisfies or brings finality. The litigant will sue and re-sue. Attempts are made to circumvent matters which are res judicata by collateral attack. Judges and law officers become litigation targets. When there is some statutory complaints procedure against judicial officers, targeted too will be the complaints adjudicator. Appeal tracks are pursued and re-pursued.
16.47The Bar Association in its submission has asked us to consider this category of litigants in the context of the restraint of vexatious proceedings. It submitted:
16.48We have considerable sympathy for the position that lawyers find themselves in when dealing with problem litigants, whether it be acting for them (in one capacity or another) or representing the opposing party. However, it is outside our terms of reference to consider incapacitated persons, particularly where the suggested changes are matters properly left to the Rules Committee. We do note, though, as the Bar Association acknowledges, that the graduated civil restraint order system we are recommending will cover the querulous litigant, and will hopefully assist in this regard.