In what circumstances will a claim be considered frivolous or vexatious?
Saskatchewan, Canada
The following excerpt is from Poulin (N.L.) Ltd. v. Plante and Riess Exterminators Ltd., 1986 CanLII 3025 (SK QB):
The decision of American Cyanamid v. Ethicon, [1975] 1 All E.R. 504 altered the law in that regard. In that case Lord Diplock stated at p. 510 that the applicant need only show that “... the claim is not frivolous or vexatious; in other words, that there is a serious question to be tried”.
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