Eliyahu Yoel Smolarcik

This endorsement addresses the allocation of costs following the granting of default judgment and summary judgment in favour of the Plaintiffs.

The court reviews a revised Costs Outline and orders specific costs to be paid by each Defendant, with payment due within 30 days of April 29, 2025.

The plaintiffs, Albert Carbone and Cathy Horvath, sought default and summary judgment against several defendants for misappropriating their life savings through a fraudulent investment scheme involving a non-existent cannabis business.

The court granted default judgment against Salvatore Boccia, David Shpilt, and 215 Holding Corp. for fraud, conversion, and unjust enrichment, and summary judgment against Rosanna Boccia for fraud, conversion, and oppression.

Punitive damages were awarded against Salvatore Boccia, David Shpilt, and 215 Holding Corp. The court found the conduct to be brazen, intentional, and a marked departure from ordinary standards of behaviour, and held the defendants jointly and severally liable for the losses.

Maria Amorim appealed a judgment that declared her ineligible for survivor pension benefits under the Pension Benefits Act, based on a finding that she and Daniel Carvalho were living "separate and apart" when he began receiving disability benefits.

The Court of Appeal dismissed the appeal, affirming the application judge's factual finding that the parties were living separate and apart, which was entitled to deference.

The court found no reviewable error in the application judge's holistic consideration of the indicia for "separate and apart" status.