The defendant insurer brought a Rule 2.1.01 application to dismiss the plaintiffs' action as frivolous, vexatious, or an abuse of process.
The plaintiffs' claims arose from a motor vehicle accident, subsequent denial of statutory accident benefits, and alleged improper surveillance.
The plaintiffs also challenged the constitutional validity of certain Insurance Act provisions.
The court dismissed the application, finding that the constitutional challenge and the claims could not be properly assessed or struck out using the limited summary procedure under Rule 2.1.01, as it was not the clearest of cases.
