Karen A. Jensen

This is an appeal of an arbitration award concerning the beneficial ownership of shares in a company.

The arbitrator had found that an email created an express trust, granting the respondent 50% of the applicant's personal shares.

The court granted leave to appeal, finding that the arbitrator erred in law by allowing the email to overwhelm the terms of a formal trust agreement.

The court varied the arbitrator's decision, ruling that only the formal Burwell Family Trust existed and the email did not create a separate express trust for the personal shares.

The court upheld the arbitrator's jurisdiction regarding the scope of the arbitration and his decision on the Limitations Act.

The issue of proprietary estoppel was remitted back to the arbitrator for determination and final disposition.

The plaintiff sought default judgment arising from allegations of sexual abuse and breach of fiduciary duty by the defendants from 1978 to 1983.

The defendants failed to participate in the litigation process, leading to an uncontested trial on liability and damages.

The court found the defendants liable for sexual battery and breach of fiduciary duty.

Damages were assessed for general and aggravated damages, future care costs, and past care costs.

The court applied the "crumbling skull" rule, reducing the damage award by 25% due to the plaintiff's pre-existing psychological conditions from prior abuse.

The court also awarded substantial indemnity costs and prejudgment interest.