Jean P. Carberry

The plaintiff sued her siblings, who were the estate trustees of their parents' estates, alleging breach of fiduciary duty, conversion of personal property, and intentional infliction of mental suffering.

The defendants moved to strike the claim as disclosing no reasonable cause of action or, alternatively, for summary judgment.

The plaintiff cross-moved for leave to amend her claim.

The court granted the plaintiff leave to amend her claim and dismissed the defendants' motion, finding that the amended claim raised genuine issues for trial regarding the alleged breaches of trust and mental distress that could not be resolved summarily.

Members of a church brought an application seeking an interlocutory injunction preventing a congregational meeting to vote on the dismissal of the senior pastor and requesting a mandatory order requiring the church to admit additional individuals to membership.

The dispute arose after church elders decided to limit consideration of new membership applications to those submitted before a specified date while simultaneously proposing to add twelve members prior to the vote.

The court held that although civil courts should be cautious when intervening in the internal affairs of religious organizations, intervention is appropriate where the process is unfair or contrary to principles of natural justice.

The court found the elders’ process unfair because it materially altered the membership composition while excluding other similarly situated applicants.

An injunction preventing the meeting was granted and certain additional individuals were permitted to submit their names for membership consideration.

The appellant father appealed a family law order of the Superior Court of Justice.

The Court of Appeal amended the order on consent to provide the father with access one night per week to correct an oversight.

The appeal was otherwise dismissed, with costs awarded to the respondent.