David Alexander Shaw Mills

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 court dismissed two actions by will beneficiaries against the drafting lawyer for negligence, holding that the claims were statute-barred by the 15-year ultimate limitation period in section 15(2) of the Limitations Act, 2002.

The court found that the limitation period began to run from the date of the negligent drafting, not the testator’s death, and that no statutory or common law exception applied.

The court also addressed the application of the Trustee Act and concluded that the two-year limitation period for estate claims did not revive or extend the beneficiaries’ claims.

The plaintiff, a 59-year-old senior designer, brought a motion for summary judgment against his former employer, Thumper Massager Inc., alleging wrongful termination without proper notice or pay in lieu thereof after less than six months of probationary employment.

The plaintiff sought damages for pay in lieu of notice, expenses, and benefits.

The court found that the plaintiff was bound by the six-month probationary period in his employment contract and that the employer was entitled to dismiss a probationary employee without cause or notice, provided the assessment of suitability was not performed in bad faith.

The court determined that the defendant had provided a fair opportunity to the plaintiff and did not act in bad faith in terminating his employment.

Consequently, the plaintiff's claim was dismissed, and summary judgment was granted in favour of the defendant.

The plaintiff sought a declaration of sole beneficial ownership of a residential property, alleging her brother, the defendant, held title as a bare trustee.

The defendant counter-claimed for a declaration of co-ownership as a joint tenant with a beneficial interest.

The court found the defendant to be more credible, concluding that he acquired a beneficial interest in the property by purchasing the ex-boyfriend's share, assuming the mortgage, and making significant contributions to improvements and arrears, which were inconsistent with acting as a bare trustee or making gratuitous payments.

The court dismissed the plaintiff's claim and granted the defendant's declaration of 50% legal and beneficial ownership, subject to an accounting.