Case information

Civil procedure — Abuse of process — Summary procedure — Statement of claim naming multiple defendants held to be frivolous and an abuse of process as against several defendants but not as against other defendants — How should courts interpret and apply the rule that allows them to dismiss claims that are frivolous, vexatious, or abusive on their face — Whether it is consistent with advancing access to justice for courts to refrain from dismissing claims that are frivolous, vexatious, or abusive on their face based on the pleadings and brief written submissions — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rule 2.1.01.

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Mr. Khan was the subject of a complaint to the Law Society of Ontario regarding alleged billing irregularities and alleged forged documents. The Law Society of Ontario found that he had committed professional misconduct and revoked his licence to practice. He commenced actions, including an action against 16 defendants in which he advanced a myriad of claims and sought a wide variety of damages, arising from the events surrounding the revocation of his licence to practice. Eleven defendants requested that the claims against them be struck from the outset. The motion judge agreed and struck the action as against those defendants on the basis that the claim was on its face frivolous and an abuse of process. The Court of Appeal found that the motion judge misdirected himself with respect to the claims made against the applicants. It allowed Mr. Khan’s appeal with respect to these claims because they involved issues that should be determined on a full motion to strike, with all the procedural safeguards such a motion includes