Glen M. Perinot

The appellants appealed the dismissal of their motion to set aside the Registrar's dismissal order and restore their collection action to the trial list.

The Court of Appeal found two reviewable errors: the motion judge erred in principle by failing to consider the respondent's lackadaisical conduct in assessing prejudice, and made a palpable and overriding error in finding the appellants showed disinterest in the action despite evidence they had contacted their lawyer multiple times seeking updates.

Considering the matter afresh, the court allowed the appeal, set aside the dismissal order, and restored the action to the trial list.

This is a costs endorsement following an appeal.

The Court of Appeal fixed the costs of the appeal at an all-inclusive amount of $10,000, payable by the appellant from their share of the estate to the respondent.

This appeal concerned an acrimonious estate dispute between two sisters regarding their deceased mother's modest estate.

The primary issue was an allegation that a joint tenancy in the matrimonial home had been severed by a testamentary disposition.

The Court of Appeal upheld the application judge's decision, finding no error in dismissing an adjournment motion, appointing one sister as the sole executrix, and ruling that the joint tenancy was not severed by a testamentary disposition alone.

The court emphasized the importance of expeditious and proportionate resolution of estate matters.

The defendants moved to strike the plaintiff's Statement of Claim under Rule 21.01(1)(b) for failing to disclose a reasonable cause of action.

The plaintiff, a lawyer, sued the defendants (a former client's new lawyer, his firm, and the former client) for various torts including defamation, malicious prosecution, and abuse of process, arising from complaints made to the Law Society of Ontario (LSO) regarding his professional conduct and capacity.

The court found that the complaints and related statements made in quasi-judicial proceedings before the LSO were protected by absolute privilege, which is a complete defence to all claims, even if made with malice.

The Statement of Claim was struck without leave to amend, and costs were awarded to the defendants.

The appellant, a 52-year-old investment advisor, was petitioned into bankruptcy in 2011 by RBC Dominion Securities Inc. after misappropriating $5 million from clients.

While in bankruptcy, he had a net monthly income of $14,600 with surplus monthly income of $12,500 but failed to make any surplus income payments.

The registrar in bankruptcy ordered that as a condition of discharge, the appellant pay $284,346 in surplus income at $5,000 per month, plus an additional $5,000 per month for six years ($360,000 total), with discharge suspended for two years.

The appellant appealed, arguing the treatment of surplus and other income was in error and that the lower court judge improperly rewrote the registrar's decision.

The Court of Appeal dismissed the appeal, finding the registrar's order was discretionary, well-supported by evidence, and reasonable given the appellant's substantial income and ability to pay.

The appellants appealed a trial judgment that imposed a constructive trust over their properties, declared that Venanzio Pingue was not a shareholder of the respondent company, and removed him as an officer and director due to breach of fiduciary duties.

The trial judge found that Venanzio had misappropriated $592,671.43 from the company and never paid for his shares.

The appellants argued the trial judge erred in interpreting the parties' written agreements and in refusing to admit their expert report.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's interpretation of the agreement or her discretionary decision to exclude the late expert report.

The court also dismissed the motion to admit fresh evidence and the motion for leave to appeal the costs order.

This is a procedural appeal concerning the construction of the trial record.

The respondents sued the appellants for misappropriation of funds from an apartment building.

At trial, the trial judge relied on expert accounting evidence from the respondents' expert and refused to allow the appellants to adduce their own expert evidence late in the trial.

On appeal, the appellants sought to include in their appeal book both their own expert's report and portions of the respondents' expert's report that had not been made exhibits at trial.

A chambers judge ordered these materials excised from the appeal book.

The appellants appealed this decision to the panel.