Devon Goyo

The respondent Yelka Kacin sought $10,000 in costs after successfully moving for directions and appointment of an estate trustee.

The applicant Martina Kacin agreed to costs but argued the quantum was excessive.

The court, applying Rule 57.01(1) of the Rules of Civil Procedure and s. 131(1) of the Courts of Justice Act, found the respondent's counsel's billings largely reasonable, reducing "argument" hours from 12 to 6.

The court awarded fixed costs of $9,200, with $5,000 payable by the applicant within 30 days and the remaining $4,200 to be deducted from the applicant's share of the estate.

This motion sought directions to advance an estate matter concerning a lost will.

The applicant, a daughter of the deceased, sought to probate a copy of a 2011 will naming her as sole beneficiary.

The respondents, the deceased's other two children, opposed, relying on the presumption that the lost original will was destroyed with intent to revoke.

The court was asked to determine the issues for a merits hearing, whether an Estate Trustee should be appointed, and the process for document production.

The court found that the key issues for the merits hearing were tracing possession of the will and rebutting the presumption of destruction.

It ordered the appointment of an independent Estate Trustee during litigation and mediator, citing family conflict and the need for neutral management of the estate and productions.

The court also established a specific, managed process for document production, declining the applicant's request for broad, blanket orders.

The City of Vaughan and Promenade Limited Partnership brought motions for the approval of nine settlements regarding appeals of the City's new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The settlements proposed site-specific amendments to recognize previous zoning approvals and facilitate mixed-use, residential, and commercial developments.

Based on uncontested expert land use planning evidence, the Tribunal found that the proposed amendments had regard for matters of provincial interest under section 2 of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan, the York Region Official Plan, and the Vaughan Official Plan.

The Tribunal allowed the appeals in part and approved the proposed zoning by-law amendments.