In George v. Harris, [2000] O.J. No. 1762 (S.C.J.) at p. 5, Epstein J. considered the meaning of “scandalous”, “frivolous” and “vexatious” as follows: It is clear that a document that demonstrates a complete absence of material facts will be declared to be frivolous and vexatious. Similarly, portions of a pleading 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. In such a case the offending statements will be struck out as being scandalous and vexatious.
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