The court considered a request by Canadian Tire Bank to dismiss the plaintiff's action as frivolous, vexatious, or an abuse of process under rule 2.1.01(1) of the Rules of Civil Procedure.
The court declined to dismiss, finding that the pleadings, read generously, disclosed a core complaint that was not clearly frivolous or abusive.
The court emphasized that rule 2.1 is a blunt instrument reserved for the clearest of cases and is not a substitute for other procedural motions.
