a frivolous action in court

A previous blog on Workathon talked about the dubious actions by the Ontario Superior Court of Justice.In fact, the court ruled that my claim and the following motion were frivolous actions and fined me $10,000  for bringing such frivolous actions before the court.This I find to be a travesty.

The defendant had not made a defence to be filed nor was it served on the plaintiff.I had made a requisition for the defendant to be noted in default and then a requisition for a default judgement. I notified the court clerk that I would be making a motion for summary judgement the next day and she said that the defendant was making a motion on that day.It was a motion to dismiss the requisition for being noted in default.The judge should have dismissed the entire action as no defence was filed and no Factum Book was filed.In fact, the motion had not been properly filed  ;it was filed in court.The judge accepted the motion for dismissal.The grounds were that my claim was filed on the short form and not the long form.Whereas Statute 76 states that these forms were convertible.It was purely a clerical matter.Nevertheless the judge dismissed my requisition for being noted in default but not my default judgement.

Later at my motion hearing the defendant improperly                   filed a motion for dismissal for my default judgement again at the last minute.The judge heard the defandant's motion first and I could only respond to points he made except in my summary argument.The judge again heard the defendant's motion although he had not filed a defence nor a Factum Book.Perhapsit helped that the defendant was the Scotiabank.After all these improper judicial procedures the court ruled that I had a frivolous action and fined me (not the defendant) a $10,000 fine.