The plaintiff brought a motion to set aside the registrar's administrative dismissal of his malicious prosecution action.
The defendant brought a cross-motion to dismiss the action as frivolous and vexatious.
The court dismissed the plaintiff's motion, finding he failed to provide a satisfactory explanation for the delay and the defendant suffered actual prejudice.
The court also held that even if the dismissal were set aside, the action would be dismissed as frivolous and vexatious because the plaintiff could not establish the elements of malicious prosecution, given that the police independently laid the charges and the plaintiff pled guilty to assault.
