In Weisgerber v. Weisgerber, 2003 ABQB 763, [2003] A.J. No. 1120, Watson J. considered the interpretation of "vexatious" and "frivolous" in relation to a prior court order. Watson J. stated, at paras. 11-12, that: ... I consider the word "vexatious" to carry with it a normative concept as well as a legal one. It seems to me that a party can be said to have acted in a vexatious manner, not merely that they acted in a manner which might be characterized as mean‑spirited or nasty, but also that in fact the nastiness conveyed itself through to the legal process itself. In other words, that the legal process was being misused. To summarize then: my view of the word "vexatious" is that it connotes not simply that the party was acting without the highest of motives, or was acting in a manner which was hostile towards the other side. " Vexatious", as a word, means to me that the hostility went beyond simple animus toward the other side, and went into a situation where the party actually was attempting to abuse or misuse the legal process, even if legally justified to do so.
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