The moving parties, Soil Engineering, Bernard Lee, and Priestly Demolition Inc., brought a motion to strike the plaintiff's statement of claim against them for disclosing no reasonable cause of action, or alternatively, to dismiss the action as frivolous, vexatious, or an abuse of process.
The self-represented plaintiff's claim primarily focused on the Town of Newmarket's alleged frustration of his efforts to obtain building permits.
The court found that the statement of claim contained no allegations of wrongdoing against the moving parties and struck the claim against them.
However, the court granted the plaintiff leave to amend, finding it was not the clearest of cases to deny leave.
The court declined to dismiss the entire action as frivolous or vexatious, noting that some claims against the Town might have a reasonable possibility of success.
