Court File and Parties

CITATION: Gefen v. Gefen, 2023 ONSC 5845

DIVISIONAL COURT FILE NO.: 23-355-ML

DATE: 2023-10-31

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

[1] The 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