Donald Grant Fedorak

The applicants, a beneficiary and a legatee, sought to enforce a 2010 settlement agreement and obtain payment of a legacy from an estate.

The former estate trustee had delayed the administration of the estate and the transfer of a property for over a decade.

The court ordered the payment of the $20,000 legacy with 2% interest, reimbursed the former trustee for proven property expenses, denied the beneficiary's claim for lost rental income, and awarded costs to the applicants payable from the estate.

The appellant appealed a decision dismissing his claim for nervous shock arising from a motor vehicle accident.

The majority of the Court of Appeal allowed the appeal, finding a triable issue as to whether it was reasonably foreseeable that the deceased's conduct could result in damages to an innocent driver involved in the accident.

The dissenting judge would have dismissed the appeal, agreeing with the motion judge that nervous shock was not reasonably foreseeable.

The appellant was convicted of possession of stolen property after selling tires and rims to an undercover police officer.

During the transaction, the appellant admitted that his friend had 'ripped them off' and that he knew they were 'hot'.

The appellant appealed, arguing that his admission was based on hearsay and therefore inadmissible to prove the goods were actually stolen.

The Supreme Court of Canada dismissed the appeal, holding that a party making an admission may adopt a hearsay statement as their own, and such an admission is admissible as evidence of the truth of its contents, with its weight to be determined by the trier of fact.