Stay, Dismissal of Frivolous, Vexatious, Abusive Proceeding
 2.1.01 (1) The court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. O. Reg. 43/14, s. 1. Summary Procedure (2) The court may make a determination under subrule (1) in a summary manner, subject to the procedures set out in this rule. O. Reg. 43/14, s. 1. (3) Unless the court orders otherwise, an order under subrule (1) shall be made on the basis of written submissions, if any, in accordance with the following procedures: 1. The court shall direct the registrar to give notice (Form 2.1A) to the plaintiff or applicant, as the case may be, that the court is considering making the order. 2. The plaintiff or applicant may, within 15 days after receiving the notice, file with the court a written submission, no more than 10 pages in length, responding to the notice. 3. If the plaintiff or applicant does not file a written submission that complies with paragraph 2, the court may make the order without any further notice to the plaintiff or applicant or to any other party. 4. If the plaintiff or applicant files a written submission that complies with paragraph 2, the court may direct the registrar to give a copy of the submission to any other party. 5. A party who receives a copy of the plaintiff’s or applicant’s submission may, within 10 days after receiving the copy, file with the court a written submission, no more than 10 pages in length, responding to the plaintiff’s or applicant’s submission, and shall give a copy of the responding submission to the plaintiff or applicant and, on the request of any other party, to that party. O. Reg. 43/14, s. 1. (4) A document required under subrule (3) to be given to a party shall be mailed in the manner described in subclause 16.01 (4) (b) (i), and is deemed to have been received on the fifth day after it is mailed. O. Reg. 43/14, s. 1. Copy of Order (5) The registrar shall serve a copy of the order by mail on the plaintiff or applicant as soon as possible after the order is made. O. Reg. 43/14, s. 1. Request for Order (6) Any party to the proceeding may file with the registrar a written request for an order under subrule (1). O. Reg. 43/14, s. 1. Notification of Court by Registrar (7) If the registrar becomes aware that a proceeding could be the subject of an order under subrule (1), the registrar shall notify the court. O. Reg. 43/14, s. 1. Stay, Dismissal of Frivolous, Vexatious, Abusive Motion Order to Stay, Dismiss Motion 2.1.02 (1) The court may, on its own initiative, stay or dismiss a motion if the motion appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. O. Reg. 43/14, s. 1. (2) Subrules 2.1.01 (2) to (7) apply, with necessary modifications, to the making of an order under subrule (1) and, for the purpose, (a) a reference to the proceeding shall be read as a reference to the motion; and (b) a reference to the plaintiff or applicant shall be read as a reference to the moving party. O. Reg. 43/14, s. 1. Prohibition on Further Motions (3) On making an order under subrule (1), the court may also make an order under rule 37.16 prohibiting the moving party from making further motions in a proceeding without leave. O. Reg. 43/14, s. 1. Stay, Dismissal of Proceeding if No Leave under Courts of Justice Act Order for Stay, Dismissal 2.1.03 (1) If the court determines that a person who is subject to an order under subsection 140 (1) of the Courts of Justice Act has instituted or continued a proceeding without the order having been rescinded or leave granted for the proceeding to be instituted or continued, the court shall make an order staying or dismissing the proceeding. O. Reg. 43/14, s. 1. Request for Order (2) Any party to the proceeding may file with the registrar a written request for an order under subrule (1). O. Reg. 43/14, s. 1. Copy of Order (3) An order under subrule (1) may be made without notice, but the registrar shall serve a copy of the order by mail on every party to the proceeding for whom an address is provided in the originating process as soon as possible after the order is made. O. Reg. 43/14, s. 1. RULE 3  TIME