Background: The case involved Naomi Arbabi (Plaintiff) and Colleen McLelland (Defendant). The action stemmed from a dispute over a rooftop divider at their condominium. Associate Judge Hughes struck Arbabi’s claim and awarded special costs to McLelland. McLelland, who was initially self-represented, later received pro bono assistance from lawyers.

Legal Issues: McLelland argued that Arbabi’s claim was frivolous, vexatious, and an abuse of process under Rule 9-5(1) of the Supreme Court Civil Rules. The claim was deemed to lack a reasonable legal basis, deny court authority, and misuse court infrastructure for fictional purposes.

Held: The court ruled in favor of Colleen McLelland, striking Naomi Arbabi’s claim and awarding special costs to McLelland. The court found Arbabi’s claim to be frivolous, vexatious, and an abuse of process, lacking a reasonable legal basis, denying court authority, and misusing court infrastructure for fictional purposes.

Costs/Damages Awarded: The total amount of special costs awarded to McLelland was assessed at $29,510.34.