Hari S. Nesathurai

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 plaintiffs sought an adjournment of the defendants' motion to set aside ex parte orders for certificates of pending litigation and the appointment of a monitor.

The plaintiffs argued that the defendants had provided insufficient notice, served materials late, failed to serve the court-appointed monitor, and that cross-examinations of the defendants' affiants were necessary.

The court granted the adjournment, emphasizing that the defendants' delay in seeking a court date negated any claim of urgency, and that the plaintiffs had a right to cross-examine and the court required the monitor's input.

The decision underscored the importance of communication and cooperation in litigation and the need for proper justification when seeking to abridge procedural timelines.

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.