The defendant moved to dismiss the plaintiff's lawsuit for failure to state a reasonable cause of action and as an abuse of process.
The court struck out the fresh as amended statement of claim, finding that the claims (breach of privacy, trespass, conspiracy) were legally deficient, particularly due to absolute privilege for statements made in legal proceedings and a lack of material facts.
The court further found the action to be an abuse of process, largely driven by a non-lawyer, Gary Curtis, who had a history of vexatious litigation against the defendant.
Leave to amend the claim was denied, and the action was dismissed with substantial indemnity costs awarded to the defendant due to the reprehensible conduct of the litigation.
