The plaintiff alleged that she tripped and fell as a result of a sidewalk discontinuity on Wellesley Street East in Toronto.

In the recent case Khan v. Krylov & Company, 2017 ONCA 625 ("Khan"), the Ontario Court of Appeal revisited the principles to be considered by a Court when exercising its authority pursuant to Rule 2.1.01 of the Rules of Civil Procedure to stay or dismiss an action that is found to be patently frivolous, vexatious or an abuse of process, reaffirming that such relief will be granted only in the clearest of cases.