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Request to dismiss COVID-19 Charter challenge as frivolous and vexatious under Rule 2.1 denied.
The Attorney General of Ontario requested in writing that the applicants' Charter challenge against various COVID-19 public health measures be dismissed as frivolous and vexatious under Rule 2.1 of the Rules of Civil Procedure.
The court declined to dismiss the application at this stage, noting that Rule 2.1 is a blunt instrument reserved for the clearest of cases.
Without a full record and legal argument, the court could not conclude that the application was plainly frivolous or vexatious on its face, and directed the parties to schedule a case conference.
