The defendant brought a motion to dismiss the plaintiff's action as frivolous, vexatious, and an abuse of process, or to strike the statement of claim.
The plaintiff, who was self-represented, had commenced the action against the defendant, a YMCA employee, based on an internal incident report disclosed during a related Human Rights Tribunal of Ontario proceeding.
The court found that the plaintiff issued the claim to manipulate and threaten the defendant into retracting evidence.
The court dismissed the action as an abuse of process and struck the statement of claim without leave to amend for failing to disclose a reasonable cause of action and violating pleading rules.