Are the proposed amendments to the Rules of Civil Procedure frivolous or vexatious?
Ontario, Canada
The following excerpt is from Kondratiev v. Wright, 2021 ONSC 6255 (CanLII):
With respect to whether the proposed amendments are frivolous or vexatious, the case law put before me does not address the requirements for finding a pleading to be frivolous or vexatious. Nevertheless, the law on those points is settled. For a pleading to be frivolous, it must lack a legal basis or legal merit, or must refer to something that is not serious or not reasonably purposeful. To be vexatious, the pleading must be instituted without reasonable grounds, such as being instituted maliciously and without good cause: Thelwell v. Elaschuk, 2020 ONSC 340 at para. 60.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What steps have been taken in a civil action under Rule 1(8) of the Rules of Civil Procedure? (Ontario, Canada)
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
How has Rule 25.11 of the Rules of Civil Procedure been interpreted? (Ontario, Canada)
In what circumstances will the court award costs under Rule 24(1) of the Rules of Civil Procedure in a family law case? (Ontario, Canada)
What is the test for pleading under Rule 21.01, 25.11 and 25.06 of the Rules of Civil Procedure? (Ontario, Canada)
How has Rule 6 of the Rules of Civil Procedure been interpreted? (Ontario, Canada)
Is Rule 2 (2) of the Rules of Civil Procedure sufficient to add a fourth fundamental purpose for costs? (Ontario, Canada)
What is the test for making an Order under Rule 33 of the Rules of Civil Procedure? (Ontario, Canada)
How does rule 16 of the Rules of Civil Procedure apply to summary judgment? (Ontario, Canada)
What is the test for substantial merit on a motion to strike a claim pursuant to Rule 21 of the Rules of Civil Procedure? (Ontario, Canada)
