What is the test for a motion under Rule 2.1 of the Rules of Civil Procedure?
Prince Edward Island, Canada
The following excerpt is from Taha v. Williams, 2019 PESC 4 (CanLII):
As emphasized by the court in Taha v. PEI, the vexatious nature of the proceeding must be patently obvious. Further, the summary procedure under Rule 2.1 is not an "elective substitute for motions under other rules" but rather it is only available "in the limited circumstances where the proceeding… is obviously vexatious on its face" (para. 6).
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