Craig Ross

This motion concerned the removal of RSM Canada Limited as the Estate Trustee During Litigation (ETDL) of the Estate of Peter Trezzi and as the court-appointed Manager of two corporations.

The moving party, Albert Trezzi, also sought the appointment of himself and his two sisters as Estate Trustees.

RSM did not oppose its discharge but sought a holdback for professional fees related to a pending passing of accounts.

The court granted the removal of RSM and the appointment of the new Estate Trustees, and ordered a holdback of $250,000 for RSM's fees, finding it equitable and consistent with public policy, despite the beneficiaries' objections to the quantum.

The defendants brought a motion to compel the plaintiff to attend a combined psychological and neuropsychological assessment.

The plaintiff had alleged cognitive impairment and attended an Acquired Brain Injury program, but had not obtained her own neuropsychological report.

The court dismissed the motion, finding that the defendants had delayed in requesting the assessment and failed to demonstrate that trial fairness required the order, especially given the plaintiff's strategic decision not to focus on significant cognitive deficiency at trial.

The court emphasized the prejudice to the plaintiff in terms of cost and time, and the self-inflicted disadvantage of the defendants' delay.

Appeals from determinations made by an application judge regarding the will of the late Peter Trezzi.

The deceased operated a successful construction business through two corporations: Across Canada Construction Ltd. (ACC) and Trezzi Construction Ltd. (Trezzi Construction).

Peter was the sole shareholder of Trezzi Construction.

The central disputes concerned whether Peter could effectively bequeath assets held by Trezzi Construction to his son Albert; whether his wife Gina owned 50 per cent of ACC shares; and whether Gina was entitled to an extension of time to file a surviving spouse's election under the Family Law Act.

The Court of Appeal dismissed all three appeals, upholding the application judge's determinations on each issue.

Appeals from determinations made by an application judge regarding the will of the late Peter Trezzi.

The deceased operated a successful construction business through two corporations: Across Canada Construction Ltd. (ACC) and Trezzi Construction Ltd. (Trezzi Construction).

Peter was the sole shareholder of Trezzi Construction.

The central disputes concerned whether Peter could effectively bequeath assets held by Trezzi Construction to his son Albert; whether his wife Gina owned 50 per cent of ACC shares; and whether Gina was entitled to an extension of time to file a surviving spouse's election under the Family Law Act.

The Court of Appeal dismissed all three appeals, upholding the application judge's determinations on each issue.

This costs endorsement followed multiple motions concerning the administration of the Estate of Peter Trezzi.

The court applied the modern approach to costs in estate litigation, considering public policy factors and the general civil litigation costs regime.

Costs were determined for four main matters: ownership of 18 Boyle Drive, extension of the applicant's Family Law Act rights, corporate assets, and share ownership of Across Canada Construction Ltd. The court also addressed costs for an adjournment motion, production orders, and consent orders.

The decision allocated costs between parties and the Estate, often finding that the Estate should bear costs due to issues arising from the deceased's actions or ambiguities in the will.

Jason William Heffernan pleaded guilty to criminal negligence causing death after an incident in a shopping plaza parking lot where the victim, Corby Stott, was struck and killed.

Stott was attempting to direct traffic when a confrontation ensued, leading to Heffernan driving his vehicle with Stott on the hood, accelerating to a speed that caused Stott to fall and sustain fatal head trauma.

The court considered the principles of denunciation, general deterrence, and rehabilitation.

Aggravating factors included the verbal confrontation, aggressive driving, driving with the victim on the hood, failure to stop immediately, and the significant impact on the victim's family.

Mitigating factors included the guilty plea, expressed remorse, calling 911, remaining at the scene, the offence being out of character, and strong family support.

The court emphasized the high moral blameworthiness despite the absence of intent to kill.

The accused was charged with three counts of criminal harassment against Lisa Aube, Brent Aube, and Claude Aube between April 16 and December 16, 2013.

The Crown alleged that the accused sent repeated written communications to various recipients falsely claiming that the Aubes had abducted two children and demanding DNA testing.

The Crown established that the accused sent the communications from computers at the Mississauga Central Library using a library card registered in his name.

The trial proceeded with an amicus curiae assisting the self-represented accused.

The court found all elements of criminal harassment established, including identity of the sender, repetitive communications, harassment of the complainants, knowledge or recklessness regarding the harassment, and reasonable fear for safety.

Charter applications challenging the conviction were dismissed.

The accused was found guilty on all three counts.