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How to Shut Down Vexatious Litigation Quickly and Inexpensively

by Daniel Gloade on February 26, 2016

The Honourable Justice Meyers broke new ground in the decision called Purcaru v. Vacaru, 2016 ONSC 1037 .  You can read it here.

Justice Meyers held that the new Rule 2.1 of the Rules of Civil Procedure also apply to family law cases.  This rule, in essence, permits the court to take the initiative and dismiss actions or applications that are frivolous and vexatious.  It also gives the court the power to bar any future actions or applications from a party without prior written permission from the court.

In this case, the Mother wrote a letter to the judge asking that the Father’s motion to change be struck.  The Mother argued as follows:

  • The Father’s claim was struck at trial because of his failure to obey court orders on disclosure;
  • The Father appealed the dismissal but that appeal was dismissed;
  • The Father spent months in jail due to his refusal to provide disclosure;
  • The Father was held liable in a Fraudulent Conveyances action.  He was trying to give away assets to prevent the Mother from being compensated;
  • This new Motion to Change is an attempt at re-litigating the Fraudulent Conveyance action.

Justice Meyers said that the Father should be entitled to make written submissions before a decision is made.

What is relevant is the speed that this matter will be resolved before, the Mother had to file a Response to a Motion to Change, Draft a Case Conference Brief, Attend a Case Conference, draft a motion for summary judgment and then successfully argue that motion.  Dealing with vexatious actions so quickly is the only effective remedy against those who use the court system to punish the former spouse.

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