What is the test for a pleading that is frivolous or vexatious?
Ontario, Canada
The following excerpt is from Losier v. Mackay, Mackay & Peters Limited, 2009 CanLII 43651 (ON SC):
A pleading that demonstrates a complete absence of material facts will be declared to be frivolous or vexatious. Pleadings 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. The offending statements will be struck out as being scandalous and vexatious: George v. Harris [2000], OJ No 1762 (S.C.J.) at para 20.
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