Court of Appeal for Ontario
Before: Laskin, Feldman and Gillese JJ.A.
Between:
George Krieger, David Krieger and Lawrence Krieger
Plaintiffs (Appellants)
and
Charles Krieger and Helena Krieger
Defendants (Respondents)
Counsel:
Anthony Grassi, for the appellants
Lou Anne Farrell, for the respondents
Heard: January 14, 2010
On appeal from the judgment of Justice John C. Kennedy of the Superior Court of Justice, dated June 12, 2009.
APPEAL BOOK ENDORSEMENT
1In our view, this appeal must be allowed. The order dated 12 June 2009 in this matter shall be set aside and an order shall go adding Helena Krieger as a defendant in this action.
2In respect of the ring, the record shows that all parties had treated Helena Krieger as a party. In this regard, the court notes particularly para. 4(b) of the consent order of Heeney J. dated 4 September 2008, in which it was agreed that ownership of the ring would be resolved and Helena Krieger, who maintains she is the owner, would be bound by the order.
3In respect of the GICs, it was not discovered by the plaintiffs that ownership had been transferred into the joint names of Charles and Helena Krieger until October 2007. The motion to add Helena Krieger was brought in May 2009 which is within the two year limitation period.
4Accordingly, the appeal must be allowed. Costs to the appellant for the motion and appeal are fixed at $10,000, all inclusive.