The respondent sought to dismiss the applicant's summary application for damages under Rule 2.1.01(6) of the Rules of Civil Procedure, alleging it was frivolous, vexatious, or an abuse of process.
The court declined to proceed with the Rule 2.1 referral because the respondent submitted unsworn factual submissions and exhibits, which is contrary to the rule that only the face of the impugned proceedings should be considered.
The court emphasized the importance of procedural fairness and the strict limitations on evidence in Rule 2.1 proceedings, ultimately awarding costs to the applicant.
