The defendants requested an order dismissing the plaintiffs' solicitor negligence claim under Rule 2.1.01 of the Rules of Civil Procedure, arguing the claim was duplicative of an active 2021 action and a 2025 assessment application.
The court found that the 2021 action against former counsel had settled, though formal dismissal documents were pending, and the assessment application did not make the current claim an abuse of process.
Concluding it was not a clear case for a summary dismissal under Rule 2.1, the court dismissed the defendants' motion and awarded costs to the plaintiffs.
