Schepanow v. Ontario
T-1666-98
McKeown J.
9/10/98
6 pp.
Motion under Federal Court Act, s. 40(1) to enjoin plaintiff from commencing proceedings, except by leave of Court-Peter Starodub died on January 31, 1991-In last will and testament, defendants Bodan Zarowsky, Eugenia Karnauh named as executors of estate-Plaintiff deceased's stepson-In 1991, plaintiff commenced proceedings in Ontario Court (General Division) challenging validity of stepfather's will-Action dismissed-Second application dismissed in January 1996-Third proceeding dismissed on January 9, 1998-Repetition of plaintiff's earlier claims to interest in assets comprising stepfather's estate-Plaintiff's complaints with Law Society of Upper Canada also dismissed-Subject matter of statement of claim not within Federal Court's jurisdiction-Equivocation on question of vexatiousness in light of comments of Judge in first proceeding and of Ontario Court of Appeal in second proceeding-S. 40 order premature as matter dismissed on basis of Court's lack of jurisdiction-Subject matter of wills, estates matter for provincial courts-High standards required for s. 40 order not met-Motion dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 40(1) (as enacted by S.C. 1990, c. 8, s. 11).