Pletch v. The Estate of Darrell James Herbert Pletch

CITATION: Pletch v. The Estate of Darrell James Herbert Pletch, 2023 ONSC 2321

DIVISIONAL COURT FILE NO.: 23-031-ML

DATE: 20230421

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: ALANAH PLETCH, JULIA PLETCH, BRENDAN JAMES PLETCH, TALIA MACLELLAN, by her Litigation Guardian, Terry Marcelle MacLellan, and AMY SUE POTTER Applicants (Respondents)

AND:

THE ESTATE OF DARRELL JAMES HERBERT PLETCH, by the Estate Trustee Without a Will, KERRY-ANN PLETCH, TERRY MARCELLE MACLELLAN, and JEFFREY LEROY PLETCH Respondents (Moving Party / Respondents)

BEFORE: Sachs, D.L. Corbett and J. A. Ramsay JJ.

COUNSEL: Alanah Pletch, self-represented

Tiffany Clarke, for the Responding Party, Julia Pletch

Brendan James Pletch, self-represented

Derek Sinko, for the Responding Parties, Terry Marcelle MacLellan and Talia MacLellan by her Litigation Guardian, Terry Marcelle MacLellan

Jacob R. W. Damstra and Kimberly Cure, for the Moving Party, The Estate of Darrell James Herbert Pletch, By The Estate Trustee Without a Will, Kerry-Ann Pletch

Mark Muir Rodenburg, for the Responding Party, Jeffrey Leroy Pletch

Ian Wright, for The Office of the Children’s Lawyer

HEARD: in writing

ENDORSEMENT

[1] In our view the impugned order is solely in respect to costs, and thus leave to appeal is required pursuant to the Courts of Justice Act. The motion for leave to appeal the costs orders of Harper J., dated March 31, 2022 and January 6, 2021 (2021 ONSC 103) are granted in respect to the denial of costs to the Estate Trustee During Litigation payable by any of the parties or from the Estate. Costs of this leave motion are fixed at $2,500, payable in the discretion of the appeal panel.

Sachs J.

D.L. Corbett J.

J. A. Ramsay J.

Released: April 21, 2023