Ruben Lindy

This is a costs endorsement following the dismissal of an appeal as frivolous and vexatious.

The appellants failed to respond to the respondents' requests for costs.

The court reviewed the submissions and found the partial indemnity costs sought by The Catholic Children’s Aid Society of Toronto, Mary McConville, Janice Robinson, Rena Knox, and The Hospital for Sick Children to be reasonable.

The appellants were ordered to pay costs to these respondents.

The appellants, parents whose children were made Crown wards, appealed the dismissal of their action against multiple defendants involved in the child protection proceedings.

The action was dismissed under Rule 2.1.01 of the Rules of Civil Procedure as frivolous and vexatious, being an impermissible attempt to relitigate issues already decided.

The Court of Appeal upheld the dismissal, finding no error in the lower court's decision that the action constituted an abuse of process.

The appellants, whose children were previously made Crown wards, commenced a civil action against various individuals and organizations involved in the child protection proceedings.

Two defendants requested the dismissal of the action under Rule 2.1.01 as frivolous and vexatious.

The motion judge dismissed the action against those two defendants, and subsequently amended her reasons to dismiss the action against all defendants without giving the appellants notice.

The Court of Appeal upheld the dismissal against the two moving defendants, finding the action was an abuse of process attempting to relitigate the child protection proceedings.

However, the Court allowed the appeal regarding the other defendants, holding that the motion judge committed a procedural error by dismissing the action against them without providing notice and an opportunity to make submissions as required by Rule 2.1.01.