A Good Rule to Know

Sometimes public sector bodies find themselves on the receiving end of statements of claim or applications launched by self-represented citizens.  It is important to review the plaintiff’s pleading thoroughly to assess whether it may have merit or be a candidate for summary dismissal.  If it is a rambling, inarticulate document, doesn’t contain any cause of action or discernible grounds, includes a long list of defendants, or if one of the respondents is the Queen of England, you might want to consider whether it would be appropriate for dismissal under Rule 2.1.01 of the Rules of Civil Procedure. 

Rule 2.1.01 came into force in July 2014.  The rule provides the court with the discretion on its own initiative to stay or dismiss a proceeding, if it appears on its face to be frivolous, vexatious, or otherwise an abuse of the process of the court.  Rule 2.1.01 establishes a summary procedure and unless otherwise ordered by the court, the court’s decision is based on written submissions, if any.  There are very tight timelines.  Plaintiffs and applicants have 15 days after receiving notice from the court that it intends to consider exercising this discretion to file a written submission of no more than 10 pages in length. If they fail to file a response that complies with the requirements, the court may make an order without any further notice.  If they do submit a properly filed response, the court may direct the registrar to give a copy of the submission to any other party.  Any party served with the submission has 10 days to file a response of no more than 10 pages in length. Only after these steps are completed can the court consider making an order under Rule 2.1.01.