The respondents brought a motion to dismiss or quash the appellant's appeal of a Small Claims Court decision that dismissed his medical negligence action.
The appellant argued the motion judge lacked jurisdiction to hear the motion to dismiss because he had previously presided over a settlement conference in the same matter.
The Divisional Court declined to dismiss or quash the appeal, finding that the jurisdictional argument regarding the settlement conference judge presiding over the motion was not manifestly devoid of merit.
However, the court struck out the majority of the appellant's notice of appeal for being frivolous, vexatious, and an abuse of process, leaving only the jurisdictional ground to be argued at the appeal hearing.
