Michael von Dehn: Rule 2.01 Motion Denied

Thank You, Honourable Justice, Sally A. Gomery. This is what I like to see from Canada’s Courts. The motion doesn’t quality after pleadings or if the One bringing the Motion is disputing anything in the Claim. As the Honourable Justice correctly points out, the Claim must be ‘frivolous and vexatious’ on its face – presuming all statement in the Claim are True. The premise is that even if every allegation were True, there is no justiciable Claim. The Judge recognized there is a clear complaint, and that it appears as though Sean believes his brother and sister have violated his Trust and have caused harm to his equal share of the Estate. I am paraphrasing so please read the Endorsement for accuracy. Again, thank You, Honourable Justice, this was a welcome surprise.