The court considered whether to dismiss an action under Rule 2.1 of the Rules of Civil Procedure on the basis that it was frivolous, vexatious, or an abuse of process.
The statement of claim consisted largely of annotated correspondence and failed to plead material facts as required by Rule 25.06(1).
Despite being invited to provide a properly drafted amended pleading, the plaintiff submitted additional annotations that did not disclose a legally recognizable cause of action.
The court concluded that the claim bore the hallmarks of proceedings appropriately dismissed under Rule 2.1.
The action was dismissed with costs to the defendant, subject to assessment.