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
The following excerpt is from Ebrahim v. Ebrahim, 2002 BCSC 939 (CanLII):
In Artes-Roy v. Fiddes, supra, the plaintiff’s claim was struck pursuant to R. 19(24) on the basis that the proceedings were frivolous and vexatious and an abuse of the court’s process and were constituted for the plaintiff’s ulterior purpose. Macaulay J. found that there was no legal or factual foundation to the plaintiff’s allegations which included, inter alia, fraud and wilful misstatements by the defendant in court proceedings.
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