File # 51436
KELOWNA REGISTRY
Form 15 (Rule 21(6))
IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN:
CIBC MORTGAGES INC.
PETITIONER
AND:
LOUISE MARTIN
RESPONDENT
(PLAINTIFF)
AND:
BARRET GRANT KETHLER
RESPONDENT
(DEFENDANT)
NOTICE OF MOTION
To: CIBC Mortgages Inc.
And: Louise Martin
TAKE NOTICE that an application will be made by Barret Grant Kethler to the presiding judge at the courthouse at 1355 Water Street, Kelowna, British Columbia during the week of 5th day of February, 2001 for an Order:
1. To find the Respondent (Defendant), Barret Grant Kethler, of indigent status.
2. To vary the Order of Master Bishop pursuant to Rule 42(40) of the Supreme Court Rules and grant the Respondent (Defendant), Barret Grant Kethler sole interim occupancy of the family home at 2350 Davidson Road, Winfield, B.C. pursuant to Section 124 of the Family Relations Act of British Columbia.
3. To vary the Order of Master Bishop pursuant to Rule 42(40) of the Supreme Court Rules and grant the Respondent (Defendant), Barret Grant Kethler sole interim custody of the child JORDAN GLEN KETHLER, Born April 17, 1988 pursuant to Section 35 of the Family Relations Act of British Columbia.
4. To Conduct a Physical Examination and Inspection of the Respondent (Plaintiff), Louise Martin, pursuant to Rule 30 of the Supreme Court of British Columbia.
5. In consideration of the conduct of counsel for the Plaintiff as well as the defendant, make a ruling pursuant to Rule 57(37) of the Supreme Court of British Columbia.
6. To take this matter between the Petitioner and the Respondent (Defendant), Barret Grant Kethler, to a settlement conference pursuant to Rules 37(6) and 37(16) of the Supreme Court of British Columbia.
7. To dismiss the matter between the Respondent (Plaintiff), Louise Martin and the Respondent (Defendant), Barret Grant Kethler, on the grounds that the Statement of Claim is both frivolous and vexatious in nature, pursuant to Rule 19(24), Rule 18(6) and Rule 18(7) of the Supreme Court of British Columbia and Rule 49(5)(e)) of the Supreme Court of Appeal of British Columbia.
8. Such other relief that this Honourable Court may order.
AND TAKE NOTICE that in support of the application will be read the affidavit of Barret Grant Kethler, sworn in these proceedings and filed in support of this Motion.
Dated January 4, 2001 _____________________
Barret Grant Kethler
This application is of a contentious nature and may take approximately 2 hours to be heard. This matter is not within the jurisdiction of a Master.