Background:

• Xing Zhao-Jie filed a claim against TD Waterhouse Canada Inc., alleging misconduct related to trading accounts and seeking financial compensation.

Legal Issues:

1. Whether the statement of claim discloses a reasonable cause of action.
2. Whether the claim is vexatious or an abuse of the court’s process.

Court’s Analysis and Decision:

• The court found that the claim did not disclose a reasonable cause of action, as it lacked clarity and failed to establish a legal relationship or wrongdoing by TD Waterhouse.
• The claim was considered vexatious due to its speculative nature and the attempt to relitigate issues previously decided by the Ontario Superior Court, where a related claim by Chen Zhe against TD Waterhouse was dismissed.
• The court ruled that the claim was an abuse of process, as it essentially sought to relitigate decided matters and lacked substantive legal grounds.

Outcome:

• The claim was struck out without leave to amend, and the action was dismissed.
• Costs of $2,500 were awarded to the defendant, reflecting the claim's vexatious nature and the unjust burden placed on the court and the defendant.