Court of Appeal for Ontario

Citation: Krieger v. Krieger, 2010 ONCA 31

Date: 20100118

Docket: C50741

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

[1] In 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.

[2] In 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.

[3] In 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.

[4] Accordingly, the appeal must be allowed. Costs to the appellant for the motion and appeal are fixed at $10,000, all inclusive.