A Portrait of Querulous Behavior (2008)

Le Spécialiste DOSSIER: Extreme Behavior

DOSSIER: EXTREME BEHAVIOR Querulousness and Vexatious Behaviors
Extreme Behavior
Extreme Behavior – “Querulousness” by Dr. Jacques Gagnon
Extreme Behavior – “Judicial Control of Querulous Litigants” by Mr. Justice [sic] Yves-Marie Morissette
Extreme Behavior – “A Portrait of Querulous Behavior” by Le Spécialiste “with the kind collaboration of Mr. Justice Y.-M. Morissette”
Elsevier – “Evaluation de la dangerosité du malade mental psychotique” / “Dangerousness evaluation of psychotic patient” by F. Millaud and J.-L. Dubreucq, Psychiatrists.  (Available online in 2005) [This is a French article with a bilingual abstract. Judicial Madness has provided an exclusive English translation of the article.]


A Portrait of Querulous Behavior.

Le Spécialiste, The FMSQ Magazine Vol. 10 no. 1 – March 2008, EXTREME BEHAVIOR, Dossier.
Querulousness and Vexatious Behaviors, Dangerous Behavior. A Portrait of Querulous Behavior.


A Portrait of Querulous Behavior (2008)

Source:  Le Spécialiste, The FMSQ Magazine Vol. 10 no. 1 – March 2008, EXTREME BEHAVIOR, Querulousness and Vexatious Behaviors, Dangerous Behavior (Cover). Download the English edition of the magazine here: Vol 10 no 1 Le Spécialiste, The FMSQ Magazine Vol. 10 no. 1 – March 2008. Special issue featuring a “Dossier” on EXTREME BEHAVIOR
Download the French edition of the same magazine here:

Vol 10 no 1 Le Spécialiste, Le magazine de la FMSQ , Vol. 10 no. 1 – mars 2008. Édition spéciale mettant en vedette des «Comportements Extrêmes», incluant l’alléguée «quérulence et ses impacts», et «la dangerosité»

Yves-Marie Morissette

Querulous litigants are opinionated and narcissistic. If, in a society with a fully mature legal system, each person always took advantage of his subjective rights as he perceived them before the trial, everyone would be constantly making applications to the courts and it is probable that life in such a society would become intolerable. The law must have some room for manoeuvre, and most people understand that intuitively. It may be one of the reasons, at least partly, for the high number of actions that are resolved before coming to trial. But this fact escapes querulous litigants, for whom confrontation with an honest contradictor exacerbates their feelings of injustice. Any opposition therefore is likely to result on their side in new claims which will be pursued to the very end.

Yves-Marie Morissette

Querulous litigants tend to act as claimants rather than defendants — and, given the wide-ranging means that they use, the opposing party would also risk being taxed with stubbornness, if it were not for the fact that the latter is forced, since it cannot choose the means, to defend itself inch by inch.

Yves-Marie Morissette

Querulous litigants multiply the number of actions they take, including against court employees. It is fairly common, in fact, for such proceedings and complaints to be made against lawyers, court staff or even judges personally, with complaints of bias or ethical misconduct.

Yves-Marie Morissette

Reiteration of the same questions in successive and amplified proceedings and the search for the same results despite the repeated dismissal of previous claims is frequent. The querulous party generally negotiates upwards and, if damages are claimed, the amounts tend to increase along the way as the number of proceedings grows.

Yves-Marie Morissette

Legal arguments put forward by querulous litigants are notable because of their inventiveness and incongruity. They certainty appear judicial in form, but they are barely rational. The position adopted by the plaintiff in the main Byer affair (based on an extravagant reading of one section of the Insurance Act) or by Fabrikant in one of his numerous cases (invoking a law passed in 1495 during the reign of Henry VIII as foundation for an appeal in forma pauperis) are just two examples.

Yves-Marie Morissette

The repeated failure of actions brought by querulous litigant’s results, sooner or later, in an inability to pay legal expenses and costs awarded against them. This precise situation was invoked in Grepe v. Loam, the first decision reported in English law where a litigant was required to obtain legal permission prior to his claim being presented in court. This situation is difficult to evaluate, because it is more a matter of judicial sociology, but it may well deserve in-depth study.

Yves-Marie Morissette

Querulous litigants appeal most, it not all, adverse decisions or apply tor their revision or retraction.

Yves-Marie Morissette

Finally, as previously noted, querulous litigants represent themselves.

Source: Yves-Marie Morissette, Abus de droit, querulence et parties non representees (2003), 49 Revue de droit de McGill 23, pp. 30-1. See also Lester, Grant, Beth Wilson, Lynn Griffin and Paul E. Mullen, “Unusually Persistent Complainants” (2004), 184 British Journal of Psychiatry, pp. 352-6. Notice - Evaluation

Afterword:  See the extremely interesting reply to Lester et al by Dr. R. Pal, in the British Journal of Psychiatry: In Defence of Complainants. Admin JMad.

"Sed quis custodiet ipsos custodes?" — Juvénal, Satires, VI, 346.  En français : « Qui nous protègera contre ceux qui nous protègent ? »  In English: " Who will protect us from those who protect us? "

 — Mauro Cappelletti dans Louis Favoreu (dir.), Le pouvoir des juges, Paris, Economica, 1990, p. 115.
Le Spécialiste DOSSIER: Extreme Behavior
Yves-Marie Morissette's Poster Boy for 'Legalizing' Chemical Lobotomies: Valéry Fabrikant

Yves-Marie Morissette's Poster Boy for 'Legalizing' Chemical Lobotomies: Valéry Fabrikant

Judicial Madness Signature Video

Judicial Madness Signature Video & Sharing Buttons

Yves-Marie Morissette The Works The Mind
Judicial Declarations of Madness in Quebec Courts
On the “Rule of Law”
“In public regulation of this sort there is no such thing as absolute and untrammelled ‘discretion’, that is that action can be taken on any ground or for any reason that can be suggested to the mind of the administrator; no legislative Act can, without express language, be taken to contemplate an unlimited arbitrary power exercisable for any purpose, however capricious or irrelevant, regardless of the nature or purpose of the statute. Fraud and cor­ruption in the Commission may not be mentioned in such statutes but they are always implied as exceptions. ‘Discretion’ necessarily implies good faith in discharging public duty; there is always a perspective within which a statute is intended to operate; and any clear departure from its lines or objects is just as objectionable as fraud or corruption.”

— Mr. Justice Ivan Cleveland Rand writing in the most memorable passage in Roncarelli v. Duplessis, [1959] S.C.R. 121 at the Supreme Court of Canada, page 140.
Random Quote

The social tyranny of extorting recantation, of ostracism and virtual outlawry as the new means of coercing the man out of line, is the negation of democracy.

— Justice Ivan Cleveland Rand of the Supreme Court of Canada, Canadian Bar Review (CBR)
Random Quote
Fears are mounting that the psychiatrist Anatoly Koryagin is near to death in the notorious jail of Christopol in central Russia. Letters that have reached the West from his wife and a friend indicate that he is so weak that unless he is given expert medical care he could die at any time. Dr. Koryagin has been in prison for the last four years for actively opposing the political abuse of psychiatry. The abuse takes the form of labeling dissidents as mad and forcibly treating them with drugs in mental hospitals.   ― Peter B. Reddaway, "The Case of Dr. Koryagin", October 10, 1985 issue of The New York Times Review of Books
"If we were lawyers, this would be billable time."
A Word on Caricature
“Humor is essential to a successful tactician, for the most potent weapons known to mankind are satire and ridicule.”

— “The Education of an Organizer”, p. 75, Rules for Radicals, A Practical Primer for Realistic Radicals by Saul Alinsky, Random House, New York, 1971.

I am no fan of Saul Alinsky's whose methods are antidemocratic and unparliamentary. But since we are fighting a silent war against the subversive Left, I say, if it works for them, it will work for us. Bring on the ridicule!  And in this case, it is richly deserved by the congeries of judicial forces wearing the Tweedle suits, and by those who are accurately conducting our befuddled usurpers towards the Red Dawn.

— Admin, Judicial Madness, 22 March 2016.
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