The applicant municipality sought to have the self-represented respondent declared a vexatious litigant under s. 140(1) of the Courts of Justice Act and to dismiss his action under Rule 2.1.01.
The respondent had sued the municipality and police for malicious prosecution, misfeasance in public office, and false arrest following criminal charges against him.
The court declined to declare the respondent a vexatious litigant but struck out his malicious prosecution claims because the underlying criminal charges had not resolved in his favour.
The court also struck numerous scandalous and irrelevant paragraphs from the statement of claim, while allowing the misfeasance and false arrest claims to proceed under strict case management.
