G.F. Windsor

The defendants requisitioned an order to dismiss the plaintiffs' action under Rule 2.1.01(6) of the Rules of Civil Procedure.

The plaintiffs' claim alleged a wide-ranging conspiracy involving the defendants, lawyers, and judges, and sought to relitigate matters already determined in prior proceedings.

The court found the action to be manifestly devoid of merit, consisting of scandalous attacks and an evident attempt to relitigate decided issues.

The action was dismissed as frivolous, vexatious, and an abuse of process.

The moving parties sought an order extending the time to file a notice of appeal of a Superior Court decision that struck their statement of claim.

The Court of Appeal denied the motion, finding that the proposed appeal lacked merit and that granting the extension would cause ongoing prejudice to the responding parties due to the scandalous and vexatious nature of the allegations, which included conspiracy theories against lawyers, expert witnesses, court staff, and judges.

The court emphasized that the justice of the case did not warrant an extension given the lack of arguable grounds and the vexatious nature of the litigation.