Dantae Gagnier

Costs endorsement following a will challenge and a dependant support claim.

The applicant was unsuccessful in challenging the 2018 Wills but partially successful in his dependency claim.

The court applied the McGrath framework to determine if public policy considerations warranted costs being paid from the estate.

The court found public policy applied to the dependency claim but not the will challenge.

Costs were awarded on a partial indemnity basis, with the successful respondent on the will challenge receiving $200,000 and the applicant receiving $125,000 for the dependency claim.

After a 40% estate contribution to the applicant's costs and a set-off, the applicant was ordered to pay a net amount of $125,000 to the respondent.

The appellants appealed an order striking their pleadings for failure to pay an outstanding costs award of $260,500.

They also sought to file fresh evidence and adjourn the appeal to advance an allegation that the underlying debt resulted from a fraudulent signature.

The court held that the order under appeal was a discretionary decision and found no basis to interfere, particularly given the motion judge's history with the matter.

It further held that the alleged fraud issue was not properly before the court because judgment had already been granted on that issue in an unappealed decision.

The appeal was dismissed with costs.

The court considered Jack Shapiro’s application for dependant support and a declaration of trust over a condominium following the death of his wife, Carol-Sue Shapiro.

The court found that Jack was a dependant under the Succession Law Reform Act and that Carol-Sue had not made adequate provision for his support in her will.

The court ordered that title to the matrimonial condominium be transferred to Jack, in addition to the $250,000 bequest, balancing Jack’s needs and Carol-Sue’s testamentary intentions to leave the majority of her estate to her son, Michael Shapiro.

This costs endorsement addresses the appropriate scale and quantum of costs following the dismissal of an injunction motion brought by Condoman Developments and related parties to restrain enforcement of a $46 million mortgage by Cannect and related defendants.

The court upholds the contractual right to full indemnity costs in favour of the mortgagees, finding the mortgage terms binding and the amount claimed reasonable given the scale and complexity of the litigation.

The court distinguishes prior cases and awards Cannect $268,500 in costs.

This endorsement addresses the aftermath of a dismissed injunction motion by Howard Youhanan and his companies against their mortgagees, Marcus Tzaferis and his companies.

The court clarifies that its interim injunction is no longer in force and that Cannect is free to exercise its mortgage remedies.

The court admonishes Mr. Youhanan for providing false information to the Landlord-Tenant Board regarding the status of the court’s orders, directs him to correct the record, and warns of possible contempt proceedings if such conduct continues.

The plaintiffs, Condoman Developments Inc., 1808176 Ontario Inc., and Howard Youhanan, sought an interlocutory injunction to restrain the defendants, including Cannect International Mortgage Corporation and Marcus Tzaferis, from enforcing mortgage remedies (power of sale) over several Toronto development properties.

The plaintiffs argued the loans were not true loans but equity investments, and that the mortgages were unenforceable.

The court found the evidence and documentation overwhelmingly established the transactions as enforceable loans, not equity investments, and that the plaintiffs were sophisticated parties who knowingly entered into the agreements.

The court dismissed the motion for an injunction, finding no serious issue to be tried, no irreparable harm, and that the balance of convenience favoured the defendants.