Background:
- Plaintiffs filed a civil action on October 16, 2023, seeking $3,000,000 in general damages, undetermined special damages, $1,000,000 in exemplary, punitive, and aggravated damages, pre- and post-judgment interest, and legal costs.
Claims by Plaintiffs:
- Plaintiffs allege that during an uncontested family trial on July 6, 2021, the defendant provided false evidence, leading to an unjust judgment.
- Misrepresentation of income and expenses
- Incorrectly attributing properties and income to Sparr
- Misrepresenting Sparr’s lifestyle
- Resulting consequences for Sparr included financial losses, asset seizures, relocation, alienation from his child, and health issues.
Legal Basis for Defendant’s Motion:
- Defendant sought dismissal under Rule 2.1.01 of the Ontario Rules of Civil Procedure, arguing the action was frivolous, vexatious, or an abuse of court process.
Court's Findings:
- The action was an indirect challenge to previous family court decisions.
- Appeals against the family court decisions were dismissed, barring re-litigation.
- Allowing the civil action would violate the prohibition on collateral attacks on prior judgments.
Decision:
- The court dismissed the plaintiffs’ action as an abuse of process.
- Defendant may submit written submissions on costs within 15 days, with plaintiffs given the same timeframe to respond. No specific amount provided.