Judge designates businessman a ‘vexatious litigant’ after tsunami of failed legal challenges
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He’s filed dozens of legal claims and appeals against the city and province, with little to show for it but a trail of judicial smackdowns and ever-increasing legal bills.
Now a judge has ordered that Winnipeg businessman Ayaz Ahmad not be allowed to continue his “relentless series of legal challenges.”
“It is beyond question that Mr. Ahmad is engaging in a comprehensive litigation strategy that has created havoc for certain targeted parties… by forcing them to spend exorbitant amounts of time and public resources to keep defending the barrage of frivolous and vexatious claims (he) keeps filing,” King’s Bench Justice Herbert Rempel wrote in a recent ruling designating Ahmad as a “vexatious litigant.”
(John Woods / The Canadian Press files)
As a vexatious litigant, Ahmad will now require court approval before launching any future court actions.
He owns a convenience store and courier business.
The subjects of Rempel’s ruling were eight legal challenges Ahmad launched in response to, among other things, taxes imposed on cigarettes sold at his convenience store, his refusal to remit retail sales tax to the province and the refusal of court staff to accept affidavits Ahmad had his courier company deliver in sealed envelopes.
He sought $10 million in damages from the province after it suspended his tobacco vendor’s licence.
Ahmad alleged Winnipeg was “not a proper municipality” and lacked the jurisdiction to impose legal obligations on its residents. He sought a $7-million judgment against the city, which he urged to “stop assaulting (the) innocent” after police arrested him and required that he sign a recognizance before he was released.
In another court filing, Ahmad sought to relitigate photo-radar tickets he had been issued after he had been denied leave to appeal.
He claimed $100,000 in damages for the “inconvenience” of having to stand in line to file court documents.
“The insistence of demanding special treatment or priority services are hallmarks of vexatious litigants,” Rempel said.
Rempel struck down all but one of Ahmad’s court actions — a request for a refund of a land transfer tax.
“The wording contained in the actions filed by Mr. Ahmad are, in large part, word salads that are devoid of legal meaning and repeat complaints about prejudice and unfairness… without providing specifics,” Rempel said.
Since 2022, Ahmad or his corporations filed 31 statements of claim with the court, 21 of which were either dismissed or struck, and another 26 notices of appeal, 22 of which were dismissed and four of which are still pending.
“Despite this astounding lack of success,” Mr. Ahmad or the corporations have continued to launch fresh claims… arising from the same basic fact scenarios,” Rempel said.
Ahmad has been repeatedly ordered to pay the court costs of the parties he is suing, which he makes a point of “fastidiously” paying, Rempel said.
During his most recent court actions, Ahmad declined to address court orally, telling Rempel he was satisfied with his written briefs.
“When I questioned him as to why he repeatedly advanced positions and arguments that were rejected by other judges who struck his pleadings, Mr. Ahmad seemed puzzled as to why I would ask that kind of question,” Rempel said.
“Ultimately, it seems to me that Mr. Ahmad was content to rely on his right to continue filing claims against the various levels of government simply because he had a fundamental right to do so,” he said. “In a sense, Mr. Ahmad seems to think that coming to court is like boarding a public transit vehicle. As long as he pays the fare, he is entitled to take a ride.”
Ahmad’s “frenzied pursuit” of legal claims that have no hope of success must come to an end to protect the integrity of the justice system, Rempel said.
“For whatever reason, Mr. Ahmad has forged his misguided legal claims on the anvils of a deeply held sense of grievance or entitlement that are not a recognizable part of a legal system committed to fairness, impartiality and the rule of law,” he said.
dean.pritchard@freepress.mb.ca
Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean.
Every piece of reporting Dean produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.
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