The defendants appealed a decision dismissing their motion to strike the plaintiff's action.
The plaintiff sued the Children's Aid Society alleging 'grooming', 'identity theft', and 'brainwashing' related to earlier child protection proceedings.
The Divisional Court allowed the appeal and dismissed the action, finding it was an abuse of process and a collateral attack on previous judicial findings that had repeatedly rejected these allegations.
The court also found the motion judge erred in failing to apply the Anns/Cooper test for a novel tort.
