Jocelyn Tatebe

The court considered whether to remove the respondent, Kathryn Pietron, as executrix and trustee of her late father's estate on an interim basis due to her health concerns and failure to comply with court orders.

The court found that, while a final removal motion was pending, the respondent's inability to fulfill her duties created an urgent risk to the beneficiaries.

The applicants, Joe and Ted Panchyshyn, were appointed as interim executors and trustees until the motion for permanent removal could be heard or further order of the court.

The defendants, Unifund Assurance Company, Dr. Henry Rosenblat, Dr. Michael Hanna, and Kenneth Wace, brought a motion under Rule 2.1.01 of the Rules of Civil Procedure to dismiss the plaintiff's action, arguing it was frivolous, vexatious, and an abuse of process.

The plaintiff, Yong Wang, alleged a conspiracy to deprive him of statutory accident benefits, including allegations of forged signatures and improper medical reports.

Applying the 'clearest of cases' standard for Rule 2.1 motions, the court found that despite drafting deficiencies and seemingly far-fetched claims, the allegations could not be dismissed on their face as frivolous, vexatious, or an abuse of process.

The court declined to grant the dismissal order, emphasizing the high threshold for Rule 2.1.