The appellant appealed a motion judge's order dismissing his civil action as frivolous and vexatious under Rule 2.1.01 of the Rules of Civil Procedure.
The appellant had been charged with stunt driving and related offences under the Highway Traffic Act, resulting in the seizure of his vehicle for seven days.
He subsequently sued for $75,000 in punitive damages and $2,100 in travel expenses, alleging the seizure constituted theft without his consent or court order.
The motion judge found the claim had no legal merit and dismissed it.
The Court of Appeal upheld the dismissal, finding the claim was incapable of success on its face and rejecting arguments that the seizure violated Charter rights or the property rights of the vehicle owner.