Pellegrino Capone

The plaintiff, Arvan Rehab Group, sued Roderick Millea and his company, Millea Physiotherapy Professional Corporation (MPPC), for breach of contract, breach of fiduciary duty, and conspiracy.

Arvan alleged that Millea, while still contracted with Arvan, secretly bid on and won a physiotherapy services contract with Norview Lodge, a client of Arvan, using confidential information and soliciting Arvan's employees.

The court found that the 2007 contract between Arvan and Millea was binding and enforceable, and that Millea breached its non-solicitation provisions.

The court also found that Millea, as a key employee/dependent contractor, owed and breached a fiduciary duty to Arvan.

Furthermore, MPPC was found jointly and severally liable for conspiracy and inducing breach of contract/fiduciary duty.

Arvan was awarded disgorgement damages based on MPPC's profits from the Norview contract.

This decision addresses costs and other amounts payable following a long-standing property dispute.

The plaintiff, Dino Lepre, sought costs for a dismissed contempt motion brought by the defendant, Laurie Ann Hynds, and for a partition application.

The court fixed Mr. Lepre's costs for the contempt motion and awarded him costs for the partition application, noting his success on key issues and reasonable settlement efforts.

The court also determined the amounts payable by Ms. Hynds to Mr. Lepre for property taxes and severance costs, with a credit for land transferred to Mr. Lepre.

The plaintiff challenged the 2016 will of his deceased sister, which left her entire estate to her stepson (the defendant) and transferred her home into joint tenancy with him.

The plaintiff argued the deceased lacked testamentary capacity due to cognitive decline and delusions, and was unduly influenced by the defendant.

The defendant counterclaimed for the return of $247,322.95 that the deceased had transferred to the plaintiff and another sibling in 2014, alleging it was taken without her knowledge.

The court dismissed both the claim and the counterclaim.

The court found the deceased had the requisite capacity to execute the 2016 will and property transfer, relying on the assessments of her treating physician and a geriatric specialist.

The court also found no evidence of undue influence.

The counterclaim was dismissed as the court found it unnecessary to determine the exact reasons for the 2014 transfer, concluding it did not need to be undone.

The defendant, Laurie Ann Hynds, brought a motion seeking a declaration that the plaintiff, Dino Lepre, was in contempt of a 1999 court order (the "Lofchik Order") and an order allowing her to unilaterally sell jointly owned property (the "Powassan bush lot").

Lepre opposed this relief and brought a counter-motion for partition or sale of the property under the Partition Act.

The court dismissed Hynds' motion, finding the Lofchik Order unenforceable due to a 19-year delay and mutual non-compliance by all parties.

The court also found it would be unjust to grant Hynds sole control over the sale given Lepre's efforts in maintaining the property.

Lepre's counter-motion for partition or sale was allowed to proceed as an application.