Eric P. Borzi

The appellants appealed a trial judgment that found the testator had testamentary capacity and was not subjected to undue influence when executing his final will.

The Divisional Court found that while the trial judge properly analyzed the issue of testamentary capacity, there was no analysis or factual findings regarding the issue of undue influence, despite significant evidence suggesting it.

The appeal was allowed, the trial judgment was set aside, and the matter was remitted for a new trial on all issues before a different judge.

The appellant, a lawyer, appealed the Chief Justice's summary dismissal of his complaint against a Case Management Master.

The appellant alleged the Master lacked integrity and impartiality, and that the Chief Justice exceeded her jurisdiction and denied him procedural fairness by asking the Master for comments without disclosing them or referring the matter to a committee.

The Court of Appeal dismissed the appeal, finding that the Chief Justice had clear authority under s. 86.2(2) of the Courts of Justice Act to dispose of groundless complaints summarily and was not precluded from seeking the Master's comments.

The appellant appealed a summary judgment enforcing his payment obligations under a Share Purchase Agreement.

He argued the business was illegal and that the agreements contemplated an ongoing supply of movies, raising credibility issues requiring a trial.

The Court of Appeal dismissed the appeal, finding the appellant provided only bald statements without supporting evidence, and upheld the motion judge's decision.

The plaintiff moved for summary judgment on its action for a debt owed under a share purchase agreement and to dismiss the defendant's counterclaim.

The defendant alleged unwritten collateral agreements and illegal conduct by the plaintiff but provided no evidence to support these claims.

The court found no genuine issue requiring a trial, noting the defendant's allegations were bald and self-serving.

The court also found the defendant's counterclaim was statute-barred.

Summary judgment was granted in favour of the plaintiff for $289,000, and the counterclaim was dismissed.