The defendants brought a motion to dismiss or stay the plaintiff's action, alleging it was frivolous, vexatious, and an abuse of process, and that the plaintiff's counsel was in an incurable conflict of interest.
The court found the action to be an abuse of process due to significant overlap with other proceedings and the plaintiff's counsel's prior representation of one of the defendants as estate trustee, which provided access to privileged information.
The court concluded that this conflict created incurable prejudice.
The action was permanently stayed, and the plaintiff's counsel was removed from the record and prohibited from acting in any proceeding related to the estate where the defendant is a party.
Costs were awarded to the moving parties.