Nick Continelli

The court dismissed the plaintiffs' action for $60 million in damages as frivolous, vexatious, and an abuse of process under Rule 2.1.01 of the Rules of Civil Procedure.

The action lacked a plausible cause of action, alleged events from decades ago, included claims against former counsel and the Law Society, made serious unsubstantiated allegations against non-parties, relied on odd and irrelevant claims, and involved unusual procedural steps.

The plaintiffs failed to provide submissions despite being invited to do so.

The defendants brought a motion to set aside a noting in default.

The plaintiff failed to attend the case conference.

The court set aside the noting in default, finding that the plaintiffs had noted the defendants in default without notice despite being asked not to.

The court also reviewed the statement of claim and found it appeared frivolous and vexatious, directing the registrar to issue a notice to the plaintiffs regarding a potential dismissal of the action under Rule 2.1.01 and staying the action pending the outcome of that hearing.