Mr. Wayne Crawford

The plaintiff and defendant, siblings, disputed the ownership of three real estate holding corporations left to them by their father.

The plaintiff claimed they reached an agreement in 2014 to divide ownership, with the plaintiff taking one corporation and the defendant taking the other two, and that she signed a renunciation of her interest in a family trust based on this agreement.

The defendant argued the agreement was only for a temporary division of management.

The court found that the parties were in a fiduciary relationship, intended to divide ownership, and conducted themselves as sole owners for seven years.

The court granted a declaration that the plaintiff is the beneficial owner of the defendant's shares in the chosen corporation based on contract and proprietary estoppel.

On a family law motion arising from pending claims for spousal support and equalization, the moving party sought leave to call an appraiser originally retained by the opposing party and to rely on his valuation reports at trial.

The court held there is no property in an expert witness as to facts observed and independent opinions, subject to protection for any privileged communications or counsel work product.

The appraisal report's limiting conditions and professional appraisal standards were interpreted as protecting the appraiser from third-party liability, not as giving the retaining party an exclusive right to the witness's testimony.

Objections going to the quality and reliability of the report were found premature and left to qualification, admissibility, and weight at trial.