The defendant, TD Canada Trust, requested an administrative dismissal of the plaintiff's action under Rule 2.1.01, arguing it was frivolous, vexatious, or an abuse of process.
The court found the plaintiff's statement of claim to have significant deficiencies and hallmarks of frivolous litigation.
However, recognizing that dismissal under Rule 2.1.01 is a "blunt instrument" and considering the plaintiff is self-represented, the court declined to dismiss the action immediately.
Instead, it directed a process for the self-represented plaintiff to file written submissions, followed by responses from the defendants, before a final determination on whether to dismiss the action in its entirety.
The action was stayed pending this process.