“In recent years we have come to better understand that “high conflict families” require special attention – specific strategies – to guard against their destructive and sometimes dangerous inclinations.
a. We flag high conflict cases.
b. We fast track them.
c. We try to get them into case management quickly, with an assigned judge for consistency.
d. We direct them to supportive resources like mediation, parenting coordinators, reconciliation counselling, etc.
e. If necessary, we expedite their trials, and perhaps offer focussed hearings.
f. Trial judges seize themselves, for future efficiency and consistency.
g. We sanction needlessly aggressive litigation behaviour with formidable costs orders.
h. We’ll do anything necessary to take the conflict out of “high conflict families.”
Perhaps we need to develop similar awareness and strategies to deal with “high conflict individuals.”
We already have mechanisms in place to deal with vexatious litigants. On rare occasions, we have to restrict certain individuals from repeatedly pursuing meritless claims in court.
But what about people who abuse not just our court system – but all of our community systems, in combination?
What about people who have become very adept at understanding that everyone has a boss. And if you just keep complaining to their bosses every time you don’t get your own way, sooner or later people will stop resisting you. Because it’s not worth the hassle.
What about the inveterate complainer?
…
But there’s no point in the community funding an inefficient 41-day trial spread over 16 months, unless we learn something from the experience.
a. The average taxpayer reading this judgment could have no idea how much this document ended up costing them.
b. Hundreds of thousands of dollars? Easily. That’s just court time.
c. Probably close to a million of dollars once you factor in all the work – and extra work – that various social and regulatory agencies had to do, to respond to the precarious demands of this file.
d. Everyone is entitled to their day in court. Everyone is entitled to access community services. Public servants don’t always get it right. Sometimes complaints can be justified.
e. But while we pride ourselves on our institutions – including our court system – we are becoming tone-deaf to a growing crisis of sustainability.
f. Every day we are told there’s not enough money: not for schools; doctors; police, legal aid; the OCL; affordable housing; child care; autism; mental health; the environment; medical research; hospital wait times; the opioid crisis. You name it.
g. Every day in my courtroom I deal with people who have real problems which go unaddressed because of government cutbacks and budget restraints. Children whose vital needs can’t be met.
h. Funding is a serious problem. And it’s getting worse.
i. So, if there’s not enough money for people who really needhelp — perhaps we should to re-think our tolerance for the waste and distraction caused by chronic complainers who abuse the system.
D.D. and F.D. v. H.G., 2020 ONSC 889 (CanLII) at 487-492, 496