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The Court of Appeal dismissed the appellant's appeal as frivolous and vexatious under Rule 2.1.01.
The appellant appealed a motion judge's decision dismissing his action as frivolous and vexatious under Rule 2.1.01 of the Rules of Civil Procedure.
The action named numerous defendants including government entities, corporations, and political parties, alleging perceived personal wrongs.
The motion judge found the statement of claim contained nonsensical allegations that disclosed no cause of action against any defendant.
The Court of Appeal upheld the dismissal, finding both the underlying action and the notice of appeal to be frivolous and vexatious, as the appeal grounds merely reiterated the same problematic allegations from the statement of claim without demonstrating any merit.
Venue transfer denied; unjust to force wrongfully convicted plaintiff to litigate in city of conviction.
The defendant, Ontario, brought a motion to transfer the plaintiff's civil action for wrongful conviction from Toronto to Woodstock.
The plaintiff had been wrongfully convicted of manslaughter in Woodstock in 1971 and spent over three years in prison before being exonerated in 2015.
The court applied the holistic balancing test under Rule 13.1.02 of the Rules of Civil Procedure.
Finding that the plaintiff's damages were sustained outside Woodstock and that forcing him to return to the site of his wrongful conviction would be unjust, the court dismissed the motion, preserving the plaintiff's presumptive right to choose the venue.
