Can a pleading be deemed frivolous and vexatious?
Ontario, Canada
The following excerpt is from Rousay v. Rousay et al., 2013 ONSC 4280 (CanLII):
[32] The words "frivolous" and “vexatious" define a claim that is obviously unsustainable. A pleading that demonstrates a complete absence of material fact will be declared to be frivolous and vexatious. Similarly, portions of the pleading that are irrelevant, argumentative or inserted for colour, or that constitute bare allegations, should be struck out as scandalous: George v. Harris, 2000 CarswellOnt 1714 (S. C. J.)
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