Jacob Benson Kaufman

This motion addressed three issues: the addition of parties to a trust dispute, the appropriate method of service for parties residing in Israel under the Hague Service Convention, and costs.

The court ordered the addition of the issue of Gershon Kaplan and Adina Gordon as party defendants, including the Children's Lawyer for minor/unascertained beneficiaries, finding their presence necessary for effective adjudication.

Regarding service abroad, the court held that Article 10(a) of the Hague Service Convention authorizes service of an originating process by postal channels, rejecting the argument that "send" does not include "serve" and clarifying that prior case law suggesting otherwise (e.g., Wilson v. Servier Canada Inc.) is no longer good law.

The court directed service on the added parties in Israel by a method authorized by Article 10, including registered mail.

No costs were awarded due to the plaintiff's non-opposition on the first issue and the novelty of the second issue.

The plaintiff brought an urgent ex parte motion seeking a preservation order over cryptocurrency, a worldwide Mareva injunction, and an Anton Piller order against the defendants for an outstanding balance of $300,000 USD from a cryptocurrency exchange.

The court granted the preservation order and the Anton Piller order with modifications to protect solicitor-client privilege, but dismissed the Mareva injunction, finding no sufficient risk of asset dissipation to avoid judgment.

This appeal concerned the sale of Lash Point, a family cottage property owned by a non-profit corporation (LPAC).

Family members were divided between "Remainers" (who wanted to keep the property) and "Departers" (who wanted to sell their interests).

A lower court initially ordered a staged buy-out, but due to delays, a motion judge later approved an en bloc sale of the entire property to third parties, reversing the original plan.

The appellants (Remainers and LPAC) appealed, arguing the motion judge lacked jurisdiction to vary the original order and erred in approving the sale without satisfying the principles for sale approval in receivership contexts (Soundair principles).

The Court of Appeal affirmed the motion judge's jurisdiction to vary the order but found that the sale approval was flawed as it did not meet the Soundair principles, particularly regarding efforts to obtain the best price and the integrity of the sales process.

The appeal was allowed, the sale order set aside, and the Receiver was directed to develop a proper sales process for the entire property.

The Bank of Nova Scotia Trust Company, as guardian of property for Asha Kumra, sought advice and direction from the court regarding whether Minutes of Settlement, entered into by Asha's sons Sanjiv and Rajiv Kumra, were binding on the guardian and precluded it from pursuing claims related to property transfers made by Asha prior to a one-year limitation period specified in the Minutes.

The court found that the Minutes were not binding on Scotiatrust or Asha Kumra, as neither was a party to the agreement, nor was Asha legally represented during its negotiation.

Consequently, Scotiatrust retains the discretion to pursue claims in Asha Kumra's best interests, irrespective of the limitation period in the Minutes.

This endorsement addresses costs arising from an unsuccessful and untimely motion brought by Sarah Werner to vary an order appointing a litigation guardian for her mother, Ida Rubin.

The court found Ms. Werner's proposed motion to be an obstructionist tactic, lacking merit, and brought in breach of a scheduling order.

Due to Ms. Werner's reprehensible litigation conduct, the court awarded full indemnity costs against her to the applicant and litigation guardian.

Additionally, costs were awarded to other parties (Morris Rubin and The Bank of Nova Scotia Trust Company) from the estate, with these amounts to be allocated solely to Ms. Werner's share.

Joseph Pernica, litigation guardian for Ida Rubin, sought a case conference regarding his status amidst upcoming motions.

The endorsement addresses a purported motion by Sarah Werner to vary an order appointing Pernica as litigation guardian for Ida Rubin, arguing Pernica exceeded his mandate by obtaining Ida Rubin's banking records and challenging Ida Rubin's capacity.

The court declined to schedule Ms. Werner's motion, finding she lacked standing under Rules 59.06 and 7.06(1)(b).

The court affirmed Pernica's role as litigation guardian and provided specific directions for any future motion by Ida Rubin herself to remove the litigation guardian, emphasizing the need for transparency, personal affidavit, and attendance in open court for cross-examination due to the risk of abuse in ex parte proceedings.

The court also declined to stay the case, emphasizing the need for information sharing for mediation and a mechanism for fund distribution.

In a professional negligence action involving estate law advice, the plaintiff brought a refusals motion seeking answers to several undertakings and refusals arising from the examination for discovery of a senior lawyer at a defendant law firm.

The court held that questions seeking the lawyer’s legal opinion on the law were improper, as the applicable standard of care would be determined through expert evidence rather than the witness’s own interpretation.

However, certain questions concerning the witness’s personal interpretation of contractual language and matters central to the claim were ordered answered.

On the defendants’ cross‑motion, the court ordered production of all draft expert reports prepared by the plaintiff’s damages expert, preferring authority requiring disclosure of draft reports.

As success was divided, no order for costs was made.