The defendant sought to stay or dismiss the plaintiff’s motion for leave to amend its statement of claim under Rule 2.1.02(1).
The court held that, although there may be problems with the form and content of the proposed amendments, the motion articulated an alleged cause of action in breach of contract or negligence with specified damages.
Applying the Rule 2.1 on-its-face screening standard, the court found the motion was not frivolous, vexatious, or an abuse of process.
The request for dismissal was therefore rejected.
