Court of Appeal for Ontario

Date: 2017-05-19 Docket: C62862

Judges: LaForme, van Rensburg and Huscroft JJ.A.

Between

Louna Doskova Applicant (Appellant)

and

The Estate of Alexandre Dimitrov, also known as Alex Dimitrov and Milena Dimitrova Respondents (Respondents)

Counsel

Alexandria Valova, for the appellants

John O'Sullivan, for the respondents

Hearing and Appeal

Heard: May 16, 2017

On appeal from the order of Justice Cory A. Gilmore of the Superior Court of Justice, dated October 5, 2016.

Appeal Book Endorsement

[1] No aspect of this order is final. This is an order for directions under r. 75.06. Paragraphs 8 and 11 simply bring assets back into the estate to provide for payment of funeral expenses. No issue in dispute in the application is resolved on a final basis by these provisions of the order.

[2] As for paragraph 10 of the order, even if some orders against third parties for production of documents may be characterized as final, the corporations are not third parties – the deceased owned half the shares in each corporation – which are estate assets.

[3] The appeal is therefore quashed for want of jurisdiction. Costs to the respondent fixed at $5,000, inclusive of HST and disbursements.