Legal Blog

Rule 2.1.02 Dismissal – frivolous, vexatious, or abuse of process

Gao v. Ontario WSIB 2014 Ont SCJ

Rule 2.1.02 allows the court to dismiss an action on grounds that the action is frivolous, vexatious, or an abuse of process. A defendant will complain and a judge will review the statement of claim. The judge will either refuse to take the matter further or will call on the plaintiff to provide reasons why the action should not be dismissed outright. The complaining defendant need not appear, but if ultimately unsuccessful after the plaintiff’s submissions, may be liable for costs. A poorly drafted statement of claim which may well contain a legitimate cause of action and other Rules, by way of an ordinary motion, would be used for that. This Rule is used when the litigant seems to be a wacko (term of art) and the statement of claim is absurd.