The appellant bank brought actions to enforce mortgages and declare a transfer of property void as a fraudulent conveyance.
The respondent counterclaimed for abuse of process and intentional infliction of mental suffering, alleging the bank was piling on claims to pressure her into a settlement.
The bank moved to strike the counterclaim.
The Divisional Court allowed the appeal in part, striking out the claims for abuse of process and intentional infliction of mental suffering as they disclosed no reasonable cause of action, despite the bank's delay in bringing the motion.