The defendants brought a motion for a vexatious litigant order against the plaintiffs pursuant to section 140 of the Courts of Justice Act.
The motion was initiated under Rule 2.2 of the Rules of Civil Procedure.
The court found that the procedural requirements of Rule 2.2 had not been properly followed, with the matter languishing for months without the mandatory initial review.
The judge conducted the required initial review and determined that sufficient indications of potential vexatious litigation existed to warrant a hearing under Rule 2.2.07.
The judge ordered that the hearing proceed in writing and imposed a stay of the current proceeding and prohibition on further motions pending determination of the vexatious litigant motion.