Ochnik v. Belusa, 2016 ONSC 1861

CITATION: Ochnik v. Belusa, 2016 ONSC 1861

COURT FILE NO.: CV-16-545149
DATE: 20160315

SUPERIOR COURT OF JUSTICE - ONTARIO

B E T W E E N:

RE: Richard Henry Ochnik (Trustee) and The Ochnik Family Trust, Applicants

-AND-

Claudia Irma Belusa, a.k.a. Claudia Irma Ochnik, Respondent

BEFORE: F.L. Myers J.

READ: March 9, 2016

Endorsement

1While involving many similar complaints to the family proceedings decided by G.A. Campbell, J. in FS-23-13 in Kitchener, this action is brought by a separate party – a trust. While the pleading has technical issues, there may well be a core cause of action if assets have been taken improperly from the trust.

2I cannot say that this action is frivolous or vexatious on its face. The stay under s. 106 of the Courts of Justice Act is lifted. The respondent shall deliver a statement of defence or a motion to strike under Rules 21 or 25.11 by April 15, 2016.

3The Applicant delivered a binder of material and 3 letters despite the 10 page limit under R.2.1.01(3). No costs.

F.L. Myers J.