The defendants brought a motion to dismiss the plaintiff's action as a nullity and an abuse of process.
The plaintiff had commenced the action while an undischarged bankrupt, lacking the legal capacity to do so.
The court, relying on section 71 of the Bankruptcy and Insolvency Act and Rule 21.01(3)(b) and (d) of the Rules of Civil Procedure, found that the action was a nullity and an abuse of process.
The motion was granted, dismissing the action, and the plaintiff was ordered to pay partial indemnity costs to the defendants, considering the serious nature of the allegations and the plaintiff's rejection of settlement offers.
