Noah Kochman

The applicant daughter and the respondent father were engaged in a property dispute over a condominium in Milton.

The matter proceeded through triage court, cross-examinations, and a judicial pretrial conference within approximately twelve months of the notice of application being issued.

The parties reached a full and final settlement on the eve of the hearing, and the court issued a consent judgment in accordance with the draft provided.

The court commended the parties and counsel for their professionalism, expeditious conduct, and respect for judicial resources.

This decision addresses motions for leave to appeal a costs order issued by the Superior Court of Justice.

Robert Mark Roe, the appellant in the underlying appeal concerning a will challenge, sought leave to appeal the costs award.

Randall Scott Roe, a respondent, brought a cross-motion for leave to appeal the same costs order.

The Court of Appeal dismissed Randall Scott Roe's cross-motion for leave to appeal, finding no error in the application judge's discretionary costs award, which involved a holistic review of the litigation and parties' conduct.

Robert Mark Roe's motion for leave to appeal the costs order was dismissed as abandoned.

No costs were awarded on the motions for leave to appeal.

Robert Mark Roe appealed a lower court decision that upheld his mother's 2005 Will, which disinherited him.

He argued that his mother, Beverly Grace Roe, lacked testamentary capacity due to insane delusions and was unduly influenced by his brother, Rick.

The Court of Appeal affirmed the application judge's findings, concluding that Beverly's beliefs, though at times irrational, had a factual basis, and that she was not unduly influenced.

The court also confirmed that a testator only needs a general understanding of their assets for testamentary capacity.

The appeal was dismissed, and costs were awarded to the respondent Randall Scott Roe.

This is a costs decision following an unsuccessful three-week trial where Robert Mark Roe challenged his mother's will and inter vivos gifts.

The court dismissed both actions (Will Action and Gift Action).

The decision addresses the costs sought by Randall Scott Roe (an estate trustee and successful respondent) and Raymond Christopher Roe (another estate trustee).

The court fixed costs, ordering Mark Roe to pay Randall Scott Roe $330,000 in all-inclusive costs, the estate to cover $260,338.03 of Randall's litigation costs, and Randall to be personally responsible for the balance.

Raymond Christopher Roe was reimbursed $170,000 from the estate for his conciliatory approach.

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.

The applicant challenged his mother's Will, which disinherited him, arguing she lacked testamentary capacity, suffered from insane delusions, and was unduly influenced by his brother.

The court found that while the Will was executed under suspicious circumstances, the respondents successfully proved the testator had testamentary capacity and was not operating under insane delusions.

The court held that the testator's reasons for disinheriting the applicant, though perhaps unreasonable or based on misunderstandings, were grounded in actual events and did not amount to insane delusions.

The applicant also failed to prove undue influence.

The application and related action were dismissed.