Phillip Bottriell

This case involved cross-applications concerning an estate.

The deceased's will granted her son, Mario, an option to purchase her house within six months of her death at fair market value.

Mario failed to exercise this option within the deadline.

His sister, Susan, sought partition and sale of the property, an accounting of Mario's management of the deceased's property before and after her death, and the appointment of an estate trustee.

Mario cross-applied, seeking a declaration that he could still exercise the option.

The court found Mario's option had lapsed due to his failure to take meaningful steps to exercise it.

It ordered Mario to provide accountings for his management of the deceased's property and the Estate's assets (including funds in joint bank accounts subject to a resulting trust).

The court also ordered Mario to pay occupation rent for the property from November 2020, appointed an Estate Trustee During Litigation, and directed the sale of the property, requiring Mario to vacate.

The Appellants appealed a decision by Tarion Warranty Corporation denying their claim for financial loss compensation under the Ontario New Home Warranties Plan Act.

The Appellants had entered into a contract with a builder for a custom home, but construction ceased and the contract was terminated.

The Appellants claimed they paid more than the value of the work and materials supplied, alleging defective and incomplete work.

The Tribunal found the evidence of the builder's sub-trades to be the most reliable, establishing that the value of the work and materials supplied exceeded the $136,760.00 paid by the Appellants.

The Tribunal gave limited weight to the Appellants' expert witness, who had not visited the site.

The appeal was dismissed and Tarion was directed to deny the claim in full.