Superior Court of Justice - Ontario

CITATION: Hussain v. Dutta, 2017 ONSC 6587

COURT FILE NO.: CV-17-582452

DATE: 20171108

RE: Alamgir Hussain, Plaintiff

AND:

Chayanika Dutta and Shakti Deb, Defendants

BEFORE: Madam Justice V.R. Chiappetta

HEARD: November 8, 2017

ENDORSEMENT

[1] The court received a written request from the lawyers for the defendant Shakti Deb 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 fac4 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