The appellant appealed the dismissal of her action under Rule 2.1.01 of the Rules of Civil Procedure as frivolous, vexatious, and an abuse of process.
The action arose from COVID-19 border requirements, including PCR testing and the ArriveCan application, and sought $366,000,000 in damages for alleged Charter and international law violations.
The Court of Appeal found no error in the motion judge's conclusion that the pleading was incoherent and failed to disclose a viable cause of action.
The court also rejected the appellant's arguments that constitutional claims are immune from Rule 2.1.01, that leave to amend was required, and that section 17 of the Crown Liability and Proceedings Act, 2019 is unconstitutional.
The appeal was dismissed with no costs awarded.
