Court File and Parties
DIVISIONAL COURT FILE NO.: 23-355-ML
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: HENIA GEFEN, in her personal capacity and as estate trustee of the Estate of ELIAS GEFEN, Plaintiff
AND:
ARIE GAERTNER, MILLER, CANFIELD, PADDOCK AND STONE LLP, THE JEWISH HOME FOR THE AGED, BAYCREST HOSPITAL, BAYCREST CENTRE FOR GERIATRIC CARE and LUCIA MARIA SAUNDERS, ESTATE TRUSTEE OF THE ESTATE OF YEHUDA GEDEN (DECEASED), Defendants
AND BETWEEN:
HENIA GEFEN, in her personal capacity and as estate trustee of the Estate of ELIAS GEFEN, HARVEY GEFEN, ASHLEY GEFEN, DUNDAS-THICKSON PROPERTIES LTD., 1393522 ONTARIO LIMITED and 1585708 ONTARIO LIMITED, Defendants to the Counterclaim
AND BETWEEN:
HARRY GEFEN, Third Party Plaintiff
AND:
HARVEY GEFEN, Third Party Defendant
BEFORE: Sachs, Stewart and Tzimas JJ.
COUNSEL: Archie Rabinowitz and Holly V.A. Cunliffe, for Shael Eisen in his capacity as Guardian of Property and Litigation Guardian for Henia Gefen (Responding Party)
Ronald Moldaver, for Harvey Gefen and Ashley Gefen (Responding Parties)
David Milosevic and Joella Miller, for Mayer Investments Canada LLC and Irving Garten (Moving Parties)
HEARD: in writing
Endorsement
1The motion for leave to appeal the order of Dietrich J., dated May 30, 2023 is dismissed. The Moving Parties shall pay the Responding Party, Shael Eisen, his costs fixed in the amount of $2000.00 and the Responding Parties, Harvey and Ashley Gefen, their costs fixed in the amount of $3000.00.
Sachs J.
Stewart J.
Tzimas J.
Released: October 31, 2023