The defendants filed a request under Rule 2.1.01(6) of the Rules of Civil Procedure to dismiss the plaintiff's 120-page statement of claim, arguing the issues had already been litigated before the Human Rights Tribunal of Ontario.
The court declined to dismiss the proceeding under Rule 2.1, finding that the res judicata argument required referencing extrinsic evidence, which is inappropriate for a Rule 2.1 request unless the conclusion is plain and obvious.
The court directed the defendants to bring a formal motion on notice.
