In Turmel v. Canada (Attorney General) (Fed CA, 2023) the Federal Court of Appeal considered (and dismissed) an appeal from a frivolous litigant declaration order [under s.40 FCA], here with supplementary terms regarding outstanding cost orders and "aiding or abetting others to initiate proceedings before that Court".
In this quote the court (here the Federal Court of Appeal) alludes to (but does not rule on) the jurisdiction issue of whether a trial level (here it would have been the Federal Court) could make a frivolous litigant order that applied to an appeal court (here it would have been the present Federal Court of Appeal):
[15] Finally, I note that the Application Judge declined to impose a further restriction on the appellant by extending his order, as sought by the respondent, to proceedings in this Court as he was left with some doubt whether he had that authority. Having said that, the Application Judge suggested that in the event of an appeal of the Decision, this Court “may wish to provide further guidance on this jurisdictional question” (Decision at para. 54). As the appellant has since been declared a vexatious litigant in this Court by order dated June 15, 2023 (reported at 2023 FCA 140), I am of the view that we should forgo that invitation because this is no longer a live issue in this case.
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