D. Pomer

The applicants, who are the sole beneficiaries of the deceased's estate, brought a motion to pass over the respondent, the named estate trustee, and to be appointed as estate trustees themselves.

The respondent had refused to honour a holograph codicil and exhibited hostility toward the applicants.

The court found that the respondent's conduct and misunderstanding of the law regarding holograph codicils demonstrated she was not the proper party to serve as estate trustee.

The court passed over the respondent, appointed the applicants as estate trustees, and dispensed with the requirement for them to post a bond.

The applicant sought full indemnity costs of approximately $75,000 following three motions in a family law proceeding.

The motions primarily dealt with the respondent's failure to provide financial disclosure regarding his corporate interests and the sale of properties.

The court found that the applicant was the successful party and that the respondent had acted unreasonably by repeatedly failing to comply with disclosure orders.

However, the court determined that the applicant's claimed costs were disproportionate to the work required.

The court awarded the applicant costs fixed at $43,200, inclusive of disbursements and HST.

The plaintiff purchased a pre-construction condominium unit from the vendor, The Printing Factory Lofts Inc. Due to unexpected hydro duct placement, an exterior door was eliminated from the unit's plans.

The plaintiff closed the transaction under protest and sued the vendor, as well as Beaverbrook Homes Inc. and Anthony Lanni, for the loss of the door and construction deficiencies.

Beaverbrook and Lanni moved for summary judgment to dismiss the claims against them.

The court granted the motion, finding that Beaverbrook and Lanni were not parties to the Agreement of Purchase and Sale, which contained an entire agreement clause and specific releases.

The court also found no evidence of actionable misrepresentations by the moving parties, applying the parol evidence rule.