What is the test for a frivolous claim?

Ontario, Canada


The following excerpt is from Rozen v. Jones, 2009 CanLII 31183 (ON SC):

As noted by Grange J. in Paquette v. Cruji[4],: The law will always protect a defendant from a frivolous action but it should not deprive a plaintiff of his cause of action, ostensibly valid, where the particulars are not within his knowledge and are well within those of the defendant.

Other Questions


What is a frivolous and vexatious claim? (Ontario, Canada)
In what circumstances will a claim be considered frivolous or vexatious? (Saskatchewan, Canada)
Can a claim be struck pursuant to R. 19(24) of the Rules of Civil Procedure, or is it a frivolous and vexatious proceeding? (British Columbia, Canada)
Is a statement of claim frivolous, vexatious or abuse of process? (Ontario, Canada)
What evidence is admissible for the purpose of determining whether a claim is unnecessary, scandalous, frivolous or vexatious? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
What is the test for advancing a claim under a plaintiff’s right to claim for diminished income? (British Columbia, Canada)
Is a plaintiff’s claim deficient in the element of causation in her claim? (British Columbia, Canada)
What grounds are set out in the statement of claim in support of a claim for the allowance of interest? (Saskatchewan, Canada)