The defendants Brent Timmons and BrazeauSeller LLP requested an order dismissing the claim against them under Rule 2.1.01(1) of the Rules of Civil Procedure, arguing it was frivolous and vexatious.
The court, following established jurisprudence, found that the abusive nature of the proceeding was not apparent on the face of the pleading, and no Statement of Claim was provided by the moving parties.
The court dismissed the request, stating that recourse to the attenuated process of Rule 2.1 was not appropriate and any argument should be made by way of a formal Notice of Motion.
