Court File and Parties

Citation: Rebello v. The Bank of Nova Scotia, 2017 ONSC 6586

Court File No.: CV-17-583206

Date: 2017-11-08

Superior Court of Justice – Ontario

Re: Tanya Rebello, Plaintiff

And: The Bank of Nova Scotia, Defendants

Before: Madam Justice V.R. Chiappetta

Read: November 8, 2017

Endorsement

[1] The court received a written request from lawyers for the defendants in accordance with Rule 2.1.01(6) of the Rules of Civil Procedure asking that this action be dismissed as being frivolous, vexatious and/or an abuse of process of the court.

[2] Rule 2.1.01 permits the summary disposition of an action without a public hearing. It is not plain and obvious on the face of the statement of claim that it may be frivolous, vexatious or an abuse of process. The defendant may feel that there is a lack of merit to the claim but this is insufficient to justify dismissal and Rule 2.1.01. As been repeated many times Rule 2.1 is not for close calls. There must be a basis on the face of the pleading to resort to this rule. In my view, any issue the defendant may have with the plaintiff’s allegations is properly dealt with under Rules 20 or 21 and not Rule 2.1.

V.R. Chiappetta J.

Date: November 8, 2017