Court considers halting Thomas Percy Tupper's lawsuits

Nova Scotia’s highest court may finally bring an end to a legal battle that started with a traffic accident more than 30 years ago.

Nova Scotia Chief Justice Michael MacDonald announced today that there will be a hearing April 9 in the case of Thomas Percy Tupper.

At that time, the Court of Appeal will hear arguments over whether Tupper should be declared a vexatious litigant and barred from launching further court cases.

It started with a lawsuit filed by Tupper, and stems from a traffic accident in Kentville in 1983. Tupper was riding a motorcycle when he struck and injured a pedestrian.

Tupper was uninsured and riding without a headlight at 1:30 in the morning of June 4, 1983. The pedestrian was drunk and therefore unable to avoid the collision.

A judge decided Tupper was 75 per cent responsible for the collision and awarded the pedestrian more than $28,000.

However, according to previous court decisions in this case, Tupper became convinced he was the victim of a conspiracy, which eventually grew to include several lawyers and his girlfriend.

In his statement of claim in this latest lawsuit, Tupper wrote:

"This is a lawsuit on how Larry Hake [the pedestrian] and four lawyers conspired to commit insurance fraud, extortion, etc., and had me pay back their stolen money to the insurance company they robbed and when I couldn't pay, my driver's licence was suspended ..."

In a decision released in June, Justice Nick Scaravelli described Tupper as a "vexatious litigant."

"He has made scurrilous and unsubstantiated accusations against all defendants charging malice, bad faith, gross negligence, extortion and intimidation," the Judge said.

Tupper is trying to appeal Scaravelli’s ruling. At the same time, the province’s Attorney General wants Tupper declared a vexatious litigant. Both arguments will be heard in April.