Amanda Estabrooks

The applicant challenged $776,000 in inter vivos transfers made by her elderly father to her brother, the respondent, in the 20 months prior to the father's death.

The applicant argued the transfers were void due to a resulting trust and undue influence, citing the father's dementia.

The court found that a $500,000 transfer was a valid gift, corroborated by a signed Gift Letter and the evidence of an investment advisor.

However, the court held that a $98,000 cheque and $178,000 in e-transfers were not valid gifts, as the respondent failed to rebut the presumption of a resulting trust with corroborating evidence.

The application was allowed in part.

The plaintiff was severely injured in a recreational hockey game when the defendant delivered a blindside hit to his head.

The plaintiff suffered a concussion, broken teeth, and facial cuts, leading to long-term cognitive and functional limitations that impacted his ability to work as a personal trainer.

The defendant argued the collision was accidental and that the plaintiff was contributorily negligent due to his choice of facial protection and chronic cannabis use.

The court found the defendant fully liable, concluding the hit was intentional or reckless and outside the bounds of fair play.

The court awarded the plaintiff $702,551 in damages, including general damages and past and future income loss.

Following a trial in a personal injury action, the court addressed the issue of costs after written submissions.

The successful plaintiff sought substantial indemnity costs alleging litigation misconduct by the defendants, including failure to produce an important engineering drawing and challenging the plaintiff’s credibility.

The defendants argued costs should be reduced due to delay and duplication arising from the plaintiff changing counsel multiple times and periods of self‑representation.

The court held that neither party’s conduct justified substantial indemnity costs and emphasized the principle that cost awards must be fair and reasonable rather than matching actual legal fees.

Partial indemnity costs of $200,000 inclusive of taxes and disbursements were awarded to the plaintiff, apportioned in accordance with the liability findings.

The plaintiff brought a negligence action against a municipality and road construction contractors after tripping on a height differential at a crosswalk during an ongoing road reconstruction project.

The court found that the unfinished roadway created a tripping hazard amounting to a condition of non-repair under s. 44 of the Municipal Act, 2001.

The defendants failed to install temporary ramping or provide adequate warning of the vertical gap between the roadway and depressed curb.

The court rejected allegations of contributory negligence and held that all defendants were occupiers responsible for site safety under the Occupiers’ Liability Act.

Liability was apportioned 50% to the paving contractor and 25% each to the municipality and general contractor, and damages were awarded for general damages, income loss, future care, and expenses.