The defendants requested that the registrar issue a Rule 2.1 notice to summarily dismiss the plaintiff’s action as frivolous, vexatious, or an abuse of process.
The claim alleged a conspiracy and related misconduct arising from a Small Claims Court action commenced to collect unpaid expert witness fees and various alleged disparaging statements.
The court held that Rule 2.1 provides an abbreviated procedure reserved for obvious cases of abusive litigation.
Although the statement of claim was poorly pleaded and raised concerns regarding privilege and other legal barriers, it was not so clearly abusive on its face as to justify the exceptional Rule 2.1 process.
The court declined to direct issuance of a Form 2.1A notice and left any further challenges to the claim to ordinary motion procedures.
