Rule Details
PIRI v GOOD SAMARITAN SOCIETY
Rules Discussed
- Rule 3.68 Court options to deal with significant deficiencies
Case Summary
The Good Samaritan Society brought an Application pursuant to Rule 3.68 to have the Application brought by Piri reviewed for being, on its face, frivolous, vexatious, or otherwise an abuse of process.
Associate Chief Justice Nixon, upon review of the Originating Application and pursuant to Civil Practise Note 7, determined that the Application was on its face frivolous, vexatious, or an abuse of process.
Piri sought “justice”, “compensation”, “back pay”, a mental capacity assessment for a former colleague, and an “unlocking” of her Locked-In Retirement Account on the basis that she was not properly terminated. The supporting Affidavit stated that the Plaintiff felt she was “sabotaged to be forced to quit”.
The Court determined that the Application may be vexatious in that Piri was pursuing multiple proceedings in different forums hoping for a positive result, or an abuse of process because she was not following the established Appeal process.
ACJ Nixon directed that Piri be served with an Apparent Vexatious Application or Proceeding Notice and provided the steps by which Piri could respond and the consequences of not responding.