The applicants commenced an application to declare the respondent a vexatious litigant under s. 140 of the Courts of Justice Act.
The respondent wrote to the court requesting that the application be summarily dismissed under Rule 2.1 of the Rules of Civil Procedure, arguing the issue had already been decided in a previous contempt motion.
The court found that the previous request for a vexatious litigant declaration had been abandoned, not dismissed on its merits, and that a prior order requiring the respondent to seek leave to take steps in the proceeding was narrower than a s. 140 declaration.
The respondent's request for summary dismissal was therefore dismissed.
