Sim v. Canada
T-585-96
Hargrave P.
4/6/96
15 pp.
Motion under RR. 1733 and 302(a) and (c) for reconsideration of order striking out claim as disclosing no reasonable cause of action and being frivolous, vexatious and abuse of process-Plaintiff's motion ill-considered-Inappropriate to bring under R. 1733 for new or newly discovered material or under R. 337(5) for accidental oversight or omission-Crown arguing more than one similar motion, launched without consideration or understanding of Rules and ought to have some protection against more of same-Costs may be used as deterrent in frivolous proceedings-Plaintiff's conduct not reprehensible, scandalous or outrageous, therefore not warranting special order as to costs-Must balance between deterring frivolous or vexatious proceedings and deterring uncertain but meritorious claims or defences-Must be reasonable, not oppressive deterrent-Costs to defendant of $350-Federal Court Rules, C.R.C., c. 663, RR. 302(a),(c), 337(5), 1733.