Adnan Subzwari

The appellants appealed a decision of the Superior Court of Justice regarding the estate of Nadia Wyszatko.

The Court of Appeal dismissed the appeal but made a minor variation to remove Richard Wyszatko's liability for a loan, interest, and legal fees.

The respondent was successful on the appeal and sought costs.

The court awarded partial indemnity costs to the respondent and declined to hold the non-party appellant liable for costs.

The appellants appealed an application judge's decision resolving multiple issues regarding an estate and family marina business, including the repayment of a loan and the payment of occupation rent.

The Court of Appeal found no palpable and overriding errors in the application judge's findings of fact or her award of costs.

The appeal was dismissed, save for a minor variation to the formal judgment to clarify that only the estate, not the appellant personally, was liable for the loan repayment.

The plaintiff brought a motion to compel production of financial documents from the defendant HouseSigma Inc. for the purpose of valuing shares in an oppression claim, arguing that the valuation date could be the date of trial.

HouseSigma Inc. resisted, arguing irrelevance and prejudice, and brought a cross-motion to compel the plaintiff to produce personal and corporate financial documents for wrongful dismissal damages and mitigation.

The court found the HouseSigma documents relevant for valuation and ordered production to the present.

The court also ordered the plaintiff to produce personal and corporate financial records from 2015-2018, finding them relevant to pre-employment income and mitigation of damages.