Abdalla Mahmoud Barqawi

The appellant, Salvatore Falsetto (father), appealed a trial decision that found substantial transfers of money and properties to his son, Salvatore Fillipo Falsetto (Sam), were gifts, not held in trust.

The trial judge also found no breach of fiduciary duty, undue influence, or unjust enrichment by the son.

The Court of Appeal dismissed the appeal, upholding the trial judge's factual findings that the transfers were gifts.

While the Court of Appeal found that the son was indeed a fiduciary, it concluded that he did not breach his fiduciary obligations because the transfers were made with the father's full knowledge and consent, and at his instruction.

This decision addresses two motions: one by AIG Insurance Company of Canada for summary judgment against the plaintiff, Neil Doef, regarding a paralysis benefit claim, and another by Hockey Canada seeking leave to withdraw an affidavit and replace it.

The court dismissed AIG's summary judgment motion due to an unjustifiable 42-month delay in bringing it, finding it contrary to the principles of timely access to justice.

Hockey Canada's motion for leave to withdraw the affidavit was also dismissed, as granting it would have prejudiced the plaintiff by denying him the opportunity to cross-examine the affiants before the summary judgment motion, which was subsequently vacated.