Lawyer argues she shouldn’t pay costs of ‘vexatious’ application

An Edmonton lawyer who advanced an “abusive and vexatious” court application for a client argued Friday she shouldn’t be made to pay legal costs related to the action.

Lawyer Priscilla Kennedy appeared before Court of Queen’s Bench Justice Denny Thomas at a hearing to argue that though she took the application of client Maurice Stoney further than she should have, she should not have to pay costs.

The application was related to Stoney’s ongoing efforts to become a member of the Sawridge Band, and in turn a beneficiary of a trust that was set up in 1985 to hold the band’s assets.

The Sawridge First Nation is near the Town of Slave Lake, about 250 km north of Edmonton.

Stoney’s parents were members of the Sawridge band, but lost their Indian status in 1944. Stoney’s attempts to be readmitted to the band were rejected, and subsequent efforts through the Canadian Human Rights Commission and the courts also failed.

In an interim ruling in mid-July, Thomas rejected Stoney’s latest application and ordered Kennedy to appear to explain why she shouldn’t be liable for associated costs. He wrote that her advancement of the “futile” application could be “a serious abuse of the judicial system.”

Kennedy was represented at the hearing by a colleague from her firm, lawyer Donald Wilson.

Kennedy “litigates with her heart,” Wilson told the court. He said Kennedy shouldn’t have advanced the application, but argued ordering her to pay costs would be “unnecessary.”

“What Ms. Kennedy is guilty of, if she is guilty of anything, is seeing a wrong and persistently trying to right that wrong,” Wilson said.

Lawyers for the Sawridge Band and for the trustees both argued Kennedy should be ordered to pay costs awarded against Stoney.

Court heard Stoney has limited funds, and has failed to pay previous costs ordered by the court.

Catherine Twinn, a Sawridge trustee who disagrees with the band’s rejection of Stoney, was in court Friday for the proceedings, which she said were a continuation of the injustice. She said Stoney is 75 years old and works as a cab driver in Slave Lake.

“What happened today to Mr. Stoney and his family is a travesty,” Twinn said.

Thomas, who reserved his decision until September, also asked all parties to make submissions about whether or not Stoney should be declared a vexatious litigant.

In Canada, vexatious litigants are blocked from commencing or continuing legal actions without leave from the court.