Associate Chief Justice Nielsen determined that the Statement of Claim filed in the Action was an Apparently Vexatious Application or Proceeding because the Plaintiff had made bald, unsupported allegations and had requested excessive, impossible or disproportionate remedies, including relief pursuant to the Canadian Charter of Rights and Freedoms for which the Statement of Claim contained no factual foundation.

Associate Chief Justice Nielsen struck the Statement of Claim under Rule 3.68 and directed the Court to prepare and serve the Order without the Plaintiff’s approval pursuant to Rule 9.4.