The distinction with the previous one, with respect to filing an RFA and actual litigation, is that during litigation this amendment seeks to explicitly include a reference to frivolous or vexatious litigation and grounds for compensation.
As it stands right now, with respect to federal court rules or various provincial court rules, there are explicit references to this type of litigation and ways of dismissing these actions through pleadings, statements of claim, extra security for costs, or, in the end, punitive damages or heightened attorney fees. Costs could be awarded at the end of a decision that's been decided to be vexatious or frivolous or done in bad faith. In that context, the objective of the amendment is fully covered within the federal or provincial court's rules of civil procedure.