Pavicevic v. Iannarelli, 2008 ONCA 865
CITATION: Pavicevic v. Iannarelli, 2008 ONCA 865
DATE: 20081219
DOCKET: C47421
COURT OF APPEAL FOR ONTARIO
Laskin, Gillese and Blair JJ.A.
BETWEEN:
Jasminka Pavicevic and
Jeromy Predrag Pavicevic
Appellants (Respondents)
and
Betty Iannarelli
Respondent (Applicant)
Shan Padda for the appellants
John Lo Faso for the respondent
Heard: December 18, 2008
On appeal from the order of Justice Wailan Low of the Superior Court of Justice dated June 14, 2007.
APPEAL BOOK ENDORSEMENT
[1] We find no error in the reasons of the trial judge. There is a presumption of death where a person has been missing and unaccounted for for more than seven years, which was the case here: see Sherman v. National Life Assurance Co. of Canada 1995 CanLII 7405 (ON SC), [1996], 130 D.L.R. (4th) 752 at para. 16, aff’d [1996] O.J. No. 1692 (Q.L.) (Div. Ct.).
[2] There was ample evidence to support the trial judge’s finding that Ms. Iannarelli had met the criteria set out in s. 2(4) of the Declarations of Death Act 2002 S.O. c. 14 and to support her declaration of death as at January 10, 1997. Since title to the property was held by Mr. Pavicevic and Ms. Iannarelli as joint tenants, and the appellant’s spousal support order was not registered on title until 2005, that declaration is the end of the matter. Whether there was a constructive trust or not – and we do not interfere with the trial judge’s finding in that regard – title passed to Ms. Iannarelli automatically on the presumed death of Mr. Pavicevic on January 10, 1997.
[3] We see no basis for interfering with the trial judge’s decision not to adjourn the trial in the circumstances.
[4] Accordingly, the appeal is dismissed.
[5] Costs of the appeal to the respondent fixed at $5,000 all inclusive. Approval of the order by the appellants dispensed with.