The Ontario Motor Vehicle Industry Council (OMVIC) brought a motion to stay, dismiss, or strike an application filed by Richard and Tracy Grey.
The Greys had been charged by OMVIC with acting as unregistered motor vehicle dealers and sought an order of prohibition from the Superior Court of Justice to prevent their trial in the Ontario Court of Justice (OCJ).
OMVIC argued the application was frivolous and an abuse of process, contending that the Greys' defence should be heard at first instance in the OCJ, with a right of appeal to the Superior Court.
The court dismissed the Greys' application, finding it lacked legal merit, was premature, and constituted a collateral attack on the OCJ's authority, thus being an abuse of process.
Costs were awarded to OMVIC.
