The respondent moved to strike portions of the appellants' Notice of Appeal as vexatious and an abuse of process under Rule 25.11 of the Rules of Civil Procedure.
The appellants sought to appeal orders that were either not appealable to the Court of Appeal, were not timely appealed, or had been previously dismissed on appeal.
The motion judge determined that the motion was effectively a motion to quash part of the appeal and therefore should be brought before a panel of the court using the prescribed procedure rather than under Rule 25.11.
The motion was dismissed with costs.
