The defendant City of Ottawa requested the dismissal of the plaintiff's action under Rule 2.1.01 of the Rules of Civil Procedure, arguing it was frivolous, vexatious, or an abuse of process.
The self-represented plaintiff sought a declaration that the City's Property Maintenance By-Law violated section 7 of the Charter after receiving a notice regarding his overgrown lawn and a dead tree.
The court denied the City's request, finding that while the statement of claim had drafting deficiencies, it contained a core complaint that could be legitimate and was not so obviously frivolous as to warrant dismissal under the attenuated Rule 2.1.01 process.
