Court of Appeal for Ontario
Before: Doherty, LaForme and Epstein JJ.A.
Between
Charles Langston, Ernie Sheriff, Jakmin Investments Ltd., Tzvi Mond, Eva Carr, Soad Charitable Foundation, Bikur Cholim Jewish Volunteer Services, She’Arim, Yesodei Cholim, Zareinu, Queensway General Hospital, Toronto General Hospital, the Toronto Humane Society, Alzheimer Society of Canada, Canadian Friends of Birkat Moshe, Capuchin Outreach for the Poor, Parkdale, the Parkinson Foundation of Canada, the Scott Mission, the Estate of Lorraine Penna, the Estate of Mikey Drutz, the Estate of Murray Osheroff, the Estate Trustee During Litigation for the Estate of Paul Penna
Plaintiff (Respondent)
and
Barry Landen, Pauline Landen and 1435031 Ontario Limited
Defendant (Appellant)
Counsel:
Phil Downes and Graeme A. Hamilton, for appellant
Matthew P. Sammon and Paul-Erik Veel, for the respondent
Heard: March 25, 2011
On appeal from the sentence imposed by Justice Greer of the Superior Court of Justice on November 24, 2010.
APPEAL BOOK ENDORSEMENT
1We would not interfere with the sentence. The context in which the contempts occurred was a very important consideration and was properly emphasized by the motion judge in determining the sentence needed to adequately vindicate the due administration of justice.
2The motion judge did not owe deference to the trustee’s submissions on sentence. She had to give them careful consideration and there is no reason to think she did not. While it would have been preferable had the motion judge advised counsel that she was considering a significantly longer sentence than that suggested by either counsel, we would not characterize the failure to do so as an error in principle. In any event, the ultimate question is the fitness of the sentence imposed and we are satisfied that this sentence was fit in the circumstances.
3The appeal is dismissed. Costs to the estate trustee (respondent) in the amount of $15,000, inclusive of disbursements and HST.