The defendant brought a motion under Rule 21.01(b) of the Rules of Civil Procedure to strike the plaintiff’s statement of claim on the basis that it disclosed no reasonable cause of action and constituted an abuse of process.
The claim contained lengthy narrative allegations relating to historic family litigation and alleged defamation, privacy breaches, and Charter violations but failed to plead material facts necessary to support any recognized cause of action.
The court held that the pleading did not satisfy Rule 25.06(1) and failed to plead essential elements of defamation, including the allegedly defamatory words and compliance with statutory notice requirements.
Finding the action frivolous and vexatious in light of a long history of litigation between the parties, the court struck the statement of claim and dismissed the action.
The court further declared the plaintiff a vexatious litigant under s. 140(1)(c) of the Courts of Justice Act, requiring leave of the Superior Court before instituting further proceedings.
