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

[1] While 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.

[2] I 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.

[3] The 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.

Date: March 15, 2016