Esther Mendelsohn

The applicant and respondent, who are brothers and equal shareholders in several corporations, commenced competing proceedings alleging oppression, misappropriation of funds, and breaches of fiduciary duty.

The respondent brought a motion to convert the applicant's application into an action and consolidate it with his own action.

The court granted the motion, finding that the extensive factual disputes, serious allegations of dishonesty, and need for credibility assessments required a full trial with oral evidence.

The proceedings were consolidated to avoid a multiplicity of proceedings and inconsistent judicial findings.

A dispute arising from a failed gas station development venture.

The plaintiff invested $350,000 for a 50% interest in a company owning a property in Thorndale, Ontario, with the defendant agreeing to complete development obligations in exchange for a 50% interest for $50.

The relationship deteriorated due to lack of communication and delays.

The defendants sold the property to a third party without the plaintiff's knowledge or authorization.

The plaintiff obtained a certificate of pending litigation and commenced litigation.

The property was eventually returned to the original company.

The court found the defendants liable for oppression and fraud, ordered a shotgun buy-sell arrangement based on independent appraisal, and awarded damages at large.

The court considered a motion by the Applicants, estate trustees under a will, seeking to revoke a Certificate of Appointment of Estate Trustee Without a Will granted to the Respondent, Denise Mayers, and for various injunctive and preservation orders.

The court found that Denise had fraudulently obtained the certificate despite knowing of the existence of a will, and granted most of the relief sought, including a Mareva injunction, a certificate of pending litigation over certain property, and a preservation order.

The court also awarded substantial indemnity costs against Denise due to her conduct.

This case involves a challenge to the validity of a holograph will, which disinherited the applicant, Lara Korba, in favour of her brother, the respondent Ian Farooque, who was also named estate trustee.

Lara alleged lack of testamentary capacity, knowledge/approval, and undue influence.

The application sought various remedies, including transferring property back to the estate, an inventory, restraint on asset disposition, appointment of an Estate Trustee During Litigation (ETDL), and extensive production of financial, medical, and testamentary records.

Ian brought a cross-motion to strike portions of Lara's supplementary affidavit.

The court addressed several agreed-upon matters and ruled on contested issues, partially granting production of counselling records, denying further general medical and financial records, and partially striking the applicant's affidavit by removing irrelevant and prejudicial allegations while retaining those relevant to the undue influence claim.