Nella Macchia

The applicants, the driver and passenger of a motor vehicle, sought to exclude a firearm, ammunition, and drugs seized during a traffic stop, alleging violations of their ss. 8, 9, and 10(b) Charter rights.

The court found that the initial stop was lawful and not the result of racial profiling.

However, the court held that the search of the vehicle incident to the driver's arrest for driving under suspension violated his s. 8 rights, and a brief delay in providing his rights to counsel violated his s. 10(b) rights.

The passenger's Charter rights were not violated.

Applying the Grant framework under s. 24(2), the court concluded that the breaches were not egregious, the impact on the driver's rights was minimal, and the evidence should be admitted.

The Team Lead-Civil in the Toronto Region issued an administrative endorsement assigning Justice P. Cavanagh as the case management judge for the actions and directed that a case conference be held as soon as possible.

The court determined costs for several motions following a previous endorsement.

Filomena Siggillino was ordered to pay costs for an abandoned motion.

Filomena, Teresa Scalamogna, and Lilianna Siggillino were ordered to pay costs for a successful Vesting Order motion brought by 2377544 Ontario Inc. and an unsuccessful Certificate of Pending Litigation (CPL) motion brought by Filomena.

The court awarded costs on a partial indemnity basis, rejecting the request for substantial indemnity, and adjusted the claimed amounts based on the complexity of the proceedings, the results achieved, and the clarity of the costs submissions.

This endorsement addresses two motions within related legal proceedings concerning a "family feud" over a property.

Robert Di Toro, on behalf of 2377544 Ontario Inc., sought a vesting order to facilitate the sale of a property, with $1,500,000.00 to be paid into court as previously ordered by Master Short.

Filomena Siggillino, the mother of the other parties, brought a cross-motion for leave to register her own Certificate of Pending Litigation (CPL) against the property, alleging fraudulent misuse of a Power of Attorney by her daughters, Teresa Scalamogna and Lilianna Siggillino.

The court dismissed Filomena's cross-motion for a CPL, finding no tenable cause of action against Robert/2377544 Ontario Inc. and that damages would be an appropriate remedy.

The court also noted the disingenuous position of Teresa and Lilianna in supporting their mother's motion, which undermined their own prior claims, constituting an abuse of process.

Consequently, the court granted the vesting order sought by 2377544 Ontario Inc., allowing the property sale to proceed with the specified funds paid into court.