Kenneth Gordon Gwynne-Timothy

The Respondent sought to vary, rescind, or suspend a 2007 spousal support order, including arrears, arguing a lack of evidence for the original quantum and material changes in circumstances.

The Applicant opposed, arguing no material change and blameworthy conduct by the Respondent.

The court dismissed the Respondent's request to vary the quantum or rescind arrears, finding his financial disclosure inadequate and his conduct blameworthy.

However, the court varied the duration of spousal support, ordering it to terminate after six years (72 monthly payments of $3,000), and directed FRO to recalculate arrears accordingly.

The applicant sought to be appointed as estate trustee without a will for her deceased sister's estate to arrange for the cremation of the deceased and her recently deceased son.

The deceased's surviving daughter, who had priority to be appointed, was uncooperative, transient, and appeared to lack capacity, causing a seven-month delay in disposing of the remains.

The court dispensed with the requirements under the Rules of Civil Procedure for the daughter's consent or renunciation and granted the application in the interests of justice.

The applicant, Marilyn Celia Smith, sought appointment as estate trustee without a will for the deceased, Craig Daniel Timmerman, who died intestate with no assets.

The deceased's remains, along with his mother's, were lodged in a morgue, and the applicant wished to arrange cremation through Ontario Works.

The application also sought to dispense with the requirement to give notice to the deceased's sister, Shannon Timmerman, and to address the existence of an estranged minor son, "Daniel." The court granted the application, dispensing with notice, based on reasons provided in a companion application concerning the Estate of Marguerite Timmerman.

The applicant was encouraged to make best efforts to notify Shannon Timmerman of the appointment without unduly delaying the final disposition of the remains.

Following the consent resolution of competing guardianship applications, the parties sought costs.

The applicants sought costs against each other, and alternatively against the incapable person's estate.

The court ordered that the incapable person's estate pay the costs of her section 3 counsel, but declined to order costs against the estate for the competing applicants, finding the incapable person derived no benefit from the family dispute.

The court made no order as to costs between the competing applicants, requiring each to bear their own.

The plaintiff brought a motion for summary judgment seeking a permanent injunction and damages of $50,000, alleging an actionable nuisance caused by the defendants' commercial equipment (a compressor and coffee roaster flue) emitting noise, smell, smoke, and heat.

The defendants asserted that summary judgment should be granted in their favour, dismissing the action.

The court found that there were genuine issues requiring a trial regarding both the existence of an actionable nuisance and the appropriate remedy, given conflicting evidence from witnesses and experts.

The court emphasized that summary judgment is a blunt tool for balancing interests, especially when permanent injunctive relief is claimed, and that a full appreciation of evidence from a trial is necessary for a fair and just adjudication.

The plaintiff's motion for summary judgment was dismissed, and the defendants' request for "boomerang summary judgment" was also declined due to procedural unfairness.

The plaintiff mother sought summary judgment for a declaration that her daughter held title to a property in trust for her, a vesting order, and an accounting.

The property was purchased solely with the mother's funds, and the daughter had signed a Declaration of Trust.

The daughter later mortgaged the property without the mother's knowledge.

The court found a valid trust based on the three certainties (intention, subject matter, objects) and granted summary judgment, vesting the property in the mother's name and ordering a full accounting.

The daughter was also ordered to vacate the property.