Jennifer Lynne Hawn

This costs endorsement addresses the allocation and quantum of costs following a contested application to pass accounts in the insolvent estate of Christina Georgiou Psoma.

The court reviews the parties’ positions, the applicable legal principles, and the conduct of the litigation, ultimately awarding the applicant, Steve Georgiou, costs on a substantial indemnity basis in the amount of $23,000, payable by the objectors, Panayiotios Georgiou and Zevoulla Georgiou, jointly and severally.

The decision provides a detailed analysis of the modern approach to costs in estate litigation, the impact of settlement offers, and the role of proportionality and party conduct in determining costs.

This decision concerns a contested application to pass accounts in the estate of Christina Georgiou Psoma.

The applicant, Steve Georgiou, as estate trustee, sought to have his accounts approved following an ex parte order obtained by the objectors, Panayiotios and Zevoulla Georgiou.

The court addresses threshold issues regarding the propriety of the ex parte order, the scope of the accounting required, and substantive disputes over the treatment of a life insurance policy, a "roofing agreement" debt, and a joint CIBC account.

The court finds that the life insurance proceeds did not form part of the estate, upholds the roofing agreement as a valid debt, and determines that the joint account funds are estate assets.

The estate is found to be insolvent, and the court urges the parties to resolve remaining issues by agreement.

The plaintiff, a Health, Safety and Training Manager, was terminated for cause by her employer after 13 years of service.

The termination stemmed from her handling of her own workplace safety and insurance claim, including delayed reporting, inconsistencies, and a conflict of interest.

The court found the employee's conduct, including dishonesty and suborning a lower-level employee, constituted just cause for dismissal.

The employee's claim for wrongful dismissal and punitive damages was dismissed.

The employer's counterclaim for an unpaid loan was also dismissed, as the loan was held by a separate numbered company, not the employer.

This appeal concerned a failed residential real estate transaction where the buyers' financing fell through, leading the sellers to terminate the Agreement of Purchase and Sale (APS) and retain the deposit.

The sellers subsequently resold the property for a higher price.

The buyers sought specific performance, damages, or relief from forfeiture.

The Court of Appeal upheld the application judge's decision, finding that the sellers were entitled to terminate the APS as they were ready, willing, and able to close, and that relief from forfeiture was not warranted, despite the sellers realizing a profit on the resale.

The court also addressed the duty of honest performance and the effect of anticipatory repudiation.