Court File and Parties

COURT OF APPEAL FOR ONTARIO

DATE: 20231211 DOCKET: COA-22-CV-0445

Fairburn A.C.J.O., van Rensburg and Zarnett JJ.A.

BETWEEN

D.O., in his capacity as Estate Trustee for the Estate of T.O., deceased Applicant (Appellant/Respondent in Cross-Appeal)

and

D.O. Respondent (Respondent/Appellant in Cross-Appeal)

Counsel: Timothy Gleason, Tanya A. Pagliaroli and Vinayak Mishra, for the appellant Robert N. Kostyniuk, for the respondent

Heard and released orally: December 7, 2023

Endorsement

[1] At the opening of the appeal, the appellant moved to amend the notice of appeal. A motion record was handed up to the panel. The gist of the amendment is to clarify that relief is sought against two corporations that were added as parties below.

[2] Respondent’s counsel opposed the motion stressing the late notice and the lack of an opportunity to respond to a motion record he had just received today.

[3] The appeal and cross-appeal are adjourned and the motion to amend will be heard in writing by this panel according to the following schedule, which is premised on Mr. Kostyniuk’s confirmation provided in court today that he acts for the two corporations that are the added parties:

a) Any responding motion record will be delivered by January 5, 2024.

b) The appellant’s written submissions, not to exceed ten double-spaced pages, will be delivered by January 12, 2024.

c) The respondent’s and the added parties’ written submissions, not to exceed ten double-spaced pages, will be delivered by January 22, 2024.

d) The appellant’s reply submissions, not to exceed three double-spaced pages, will be delivered by January 25, 2024.

[4] Costs, including costs of today, are reserved to the disposition of the motion.

[5] The appeal and the cross-appeal are to be rescheduled after the disposition of the motion.

[6] This panel is seized of the motion, but not of the appeal and cross-appeal.

[7] The parties are encouraged to resolve the motion consensually. If they do, they should promptly advise the court by letter to the Executive Legal Officer, which will expedite rescheduling the appeal and cross-appeal.

“Fairburn A.C.J.O.”

“K. van Rensburg J.A.”

“B. Zarnett J.A.”