What is the test for scandalous, frivolous and vexatious pleading?

Ontario, Canada


The following excerpt is from Jourdain v. Ontario, 2008 CanLII 35684 (ON SC):

In George v. Harris, [2000] O.J. No. 1762, 97 A.C.W.S. (3d) 225 (S.C.J.), at para. 20, Epstein J. considered the meaning of scandalous, frivolous and vexatious: It is clear that a document that demonstrates a complete absence of material facts will be declared to be frivolous and vexatious. Similarly, portions of a pleading that are irrelevant, argumentative or inserted for colour, or that constitute bare allegations should be struck out as scandalous. The same applies to a document that contains only argument and includes unfounded and inflammatory attacks on the integrity of a party, and speculative, unsupported allegations of defamation. In such a case the offending statements will [page521] be struck out as being scandalous and vexatious. In addition, documents that are replete with conclusions, expression of opinion, provide no indication whether information is based on personal knowledge or information and belief, and contain many irrelevant matters, will be rejected in their entirety.

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