The defendants requisitioned the dismissal of the plaintiff's action under Rule 2.1.01 of the Rules of Civil Procedure.
The plaintiff, a lawyer, had commenced multiple proceedings attempting to re-litigate issues from a prior action where he was removed as counsel of record.
The court found the statement of claim to be an impermissible collateral attack and an abuse of process, dismissing the action.
However, the court declined the defendants' request for declaratory relief to bar the plaintiff from future litigation, noting such an order requires a formal application under section 140 of the Courts of Justice Act.
No costs were awarded.
