Supreme Court

Decision Information

Ofume v. Vukelich

Court Supreme Court
Date 2002-01-11
Citation 2002 NSSC 9
Docket SH 164246
Judge/Registrar/Adjudicator Goodfellow, Walter R. E. (Honourable Justice) (SC) (SC)
Document Type Library Sheet
Relations Decision - Ofume v. Vukelich - 2002 NSSC 9 - 2002-01-11 - Decision

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

[Cite as:  Ofume v. Vukelich 2002 NSSC 009]

 

MAUREEN OFUME                                                                        PLAINTIFF/RESPONDENT

 

- and -

 

GORANKA VUKELICH and SUE WOLSTENHOLME and ST.

JOSEPH’S COLLEGE OF EARLY CHILDHOOD EDUCATION

(a body corporate) and CHRIS RAFUSE                            DEFENDANTS/APPLICANTS

 

Justice Walter R. E. Goodfellow            Halifax, Nova Scotia                  S. H. No. 164246

                                                                              

 

                                                            LIBRARY HEADING

 

 

DATE HEARD:        January 11th, 2002 (Chambers)

 

DECISION:               January 11TH, 2002 (Orally)

 

WRITTEN

DECISION:               January 14th, 2002                         

 

SUBJECT:               PROCEDURE CPR 10.02(1); 10.03(1) and 9.08(1)

 

SUMMARY:              Affidavit of Service accorded presumption of validity and onus upon Applicants to establish on a balance of probability that Maureen Ofume did not comply with required provisions of the Civil Procedure Rules in relation to personal service.  Findings that none of the individual named Defendants were served personally as alleged by Dr. Phillip C. Ofume.  For example, Chris Rafuse was in Newfoundland at the time Dr. Phillip Ofume alleged personal service upon her at Halifax, N. S.  The Court has several options. Where conduct of Dr. Phillip C. Ofume deliberately misleading amounting to an abuse of process the following relief granted:

 

1.         Declaration that no personal service has taken place.

 

2.         Striking the Affidavits of Service.

 

3.         Costs in the amount requested of $500.00 awarded, payable forthwith.

 

 

4.         Costs in the circumstances shall be payable jointly by Maureen  Ofume and her agent, Dr. Phillip C. Ofume.

 

5.         That a Stay of this action against the individual Defendants is hereby issued unless or until the costs of $500.00 have been paid.

 

6.         Dr. Phillip C. Ofume is henceforth prohibited from acting as the agent or representative of Maureen Ofume in any further respect in this action.

 

7.         Due to the conduct of Dr. Phillip C. Ofume in deliberately misleading the Court, Dr. Phillip C. Ofume shall effective immediately be prohibited from representing Maureen Ofume in any and all other present or future actions that she may commence, noting CPR 9.08(1) permits Maureen Ofume, subject to the Stay pending payment of costs, to act as her own solicitor or through a solicitor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION.  QUOTES MUST BE TAKEN FROM THE DECISION, NOT THIS COVER SHEET.

 

 

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