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The court declared the plaintiff a vexatious litigant and awarded special costs after repeated, unfounded litigation over a probate dispute, while finding summary trial unavailable.
The Court of Appeal partly allowed an extension-of-time application, holding that four challenged orders were limited appeal orders requiring leave, but the final dismissal order was appealable as of right.
The appeal is dismissed under r.2.1.01 because it is frivolous, vexatious and an abuse of process: it attempts to relitigate issues already decided by this court, advances no arguable grounds of appeal, involves non‑compliance with prior orders and unpaid costs, and the court is empowered by rule 2.1.01 and its inherent jurisdiction to dismiss and restrict further filings.
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The court dismissed a family law claim and refused broad bank-record production, finding the requests were speculative, unreliable, and amounted to a fishing expedition.
The Federal Court struck out Darren Ross Noddle’s statement of claim without leave to amend and dismissed the action, finding the pleading repeated matters previously dismissed as an abuse of process.
The Federal Court struck Janssen’s PMNOC application, holding Celltrion’s IBD supplement could not infringe patent claims limited to rheumatoid arthritis.
The judge found the plaintiffs' persistent noncompliance with discovery orders, failure to pay multiple cost judgments, repeated immaterial filings and appeals, and conduct amounting to vexatious litigation constituted abuse of process; accordingly the abuse of process application succeeded, the action was to be summarily dismissed, and the court ordered payment of outstanding costs and security for future costs before any further proceedings.
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The appeal was dismissed because the appellant failed to comply with a court order to answer written examinations for discovery, did not attend the motion, and advanced meritless jurisdictional arguments such that permitting the litigation to continue would amount to an abuse of process; costs were awarded to the respondent.
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The Tribunal dismissed Complaints #2, #3 and #4 because the cumulative, undue delay led to demonstrable, material prejudice—multiple key NRC witnesses lacked independent recollection of events—such that the NRC could not make a full answer and defence and a fair hearing could not be held, and dismissal was therefore necessary to vindicate natural justice.
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Given the Appellant's repeated, deliberate and obstructive refusals to answer proper discovery questions, failure to produce or bring documents despite disclosure, refusal to give undertakings, abusive and scandalous responses, reassertion of statements already found perjurious, and misleading of a Justice, lesser remedies would be ineffective; the conduct constituted an abuse of process and warranted dismissal of the appeal with costs under Rules 85, 91 and 110.
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