What is the test for vexatious conduct under section 73 of the Small Claims Act?
Manitoba, Canada
The following excerpt is from Henson et al v Berkowits, 2005 MBQB 32 (CanLII):
[28] In the consideration of whether a proceeding is vexatious, the court must look at the proceedings from an objective viewpoint as opposed to a subjective viewpoint: Logan v. Bank of Scotland et al. (no.2), [1906] 1 K. B. 141 at 151. THE APPLICABILITY OF (s) 73 TO THE COURT OF QUEEN’S BENCH SMALL CLAIMS PRACTICES ACT
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