What is the test for dismissing a frivolous action?
Ontario, Canada
The following excerpt is from Tongtae v. Mallory, 2021 ONSC 1614 (CanLII):
21. A court may only dismiss an action on the grounds of it being frivolous, vexatious or an abuse of process in the clearest of cases. Actions that are “frivolous”, “vexatious” or “otherwise an abuse of the process of the court” include but are not restricted to those which have “no legal merit or advance claims in respect of which “no reasonable person can reasonably expect to obtain relief”; or suggest claims which are “inconsistent with the objectives of public policy”: Danovic v. Wagner, 2014 ONSC 2664, at paras. 20, 21, and 40.
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