Farhad Mehr

The estate trustee brought a motion to strike the respondent's application claiming a beneficial interest in the deceased's property based on promissory estoppel.

The respondent, who had cohabited with the deceased, argued his claim was for an interest in land and subject to the 10-year limitation period under the Real Property Limitations Act.

The court held that equitable trust claims against an estate are governed by the strict two-year limitation period under the Trustee Act.

The motion was granted and the application was permanently stayed, though the respondent was permitted to plead his equitable claims as a setoff against the estate's claim for occupation rent.

The applicant mother brought a motion for a temporary order for sole decision-making authority, primary residence, and supervised exchanges, implementing the gradual parenting time increases recommended by a jointly retained assessor.

The respondent father opposed, seeking an immediate increase in parenting time and arguing against implementing an untested assessment before trial.

The court granted the mother's motion, finding that the jurisprudence has evolved to allow consideration of assessment reports on a motion where it provides probative evidence and is in the child's best interests.

The court ordered temporary sole decision-making to the mother with parameters, supervised exchanges, and gradual increases to the father's parenting time.

The applicant mother brought a motion seeking to enroll the parties' two children in a public community school, while the respondent father sought to keep the older child in a private Lebanese Catholic school and enroll the younger child there.

The court considered a court-appointed assessor's recommendation that a neutral community school would ease conflict and allow both parents to be equally involved.

Finding the private school tuition financially unrealistic for the parties and noting the long commute, the court granted the mother's motion and ordered the children to be enrolled in a community school.