William Howard Aaron Levitt

The plaintiffs brought a motion to remove the defendants' counsel due to a conflict of interest, and a separate motion for leave to commence a derivative action on behalf of the Hindu Sabha Temple.

The defendants requested an adjournment of both motions, arguing that the motion to remove counsel could not be heard before or concurrently with the derivative action motion.

The court granted the adjournment, reserving costs, to allow both motions to be heard together at a later date, citing the procedural necessity of determining the derivative action motion first to establish the basis for the conflict motion.

The defendants brought a motion under Rules 21.01(1)(b) and 25.11 of the Rules of Civil Procedure to strike the plaintiff’s Amended Statement of Claim relating to allegations about the administration of a deceased parent’s estate.

The plaintiff, who was not a beneficiary of the will, alleged breach of fiduciary duty, malicious false statements, secret sale of the family home, and sought a constructive trust for funds allegedly contributed decades earlier.

The court held the plaintiff lacked standing to sue the estate trustees because fiduciary duties are owed to beneficiaries and creditors, not to non-beneficiaries.

The pleadings also failed to disclose recognized causes of action, lacked material facts, and improperly sought relief on behalf of non-parties.

The Amended Statement of Claim was found to be prolix, frivolous, and vexatious and was struck without leave to amend.