The moving party brought a motion to vary an order of the Divisional Court that had dismissed her application for judicial review as frivolous, vexatious, or an abuse of process under Rule 2.1.01.
The court dismissed the motion to vary, finding that it lacked jurisdiction under s. 21(5) of the Courts of Justice Act to review a Rule 2.1.01 order.
The proper route to challenge the order is an appeal to the Court of Appeal for Ontario.
