The court considered whether to dismiss the plaintiffs' action as frivolous, vexatious, or an abuse of process under Rule 2.1.01(1) of the Rules of Civil Procedure.
After reviewing the statement of claim and written submissions, the court found that the claim pleaded an arguable and discernable cause of action and should not be dismissed at this stage.
The court emphasized the robust gatekeeping function of Rule 2.1, but found that the statement of claim was not so devoid of merit as to warrant summary dismissal.
Costs were reserved to the trial judge.
