Peter Cozzi

The applicant sought to remove his brother as co-Estate Trustee of their late father's estate and sought directions on the apportionment of the estate.

The respondent brought a cross-application seeking compensation for personal care services, interest, and other payments.

The court found the respondent to be in an irreconcilable conflict of interest due to his unauthorized use of estate funds, failure to comply with a prior settlement agreement, and procedurally flawed claims against the estate.

The court removed the respondent as an Estate Trustee, dismissed his cross-application, and directed that specific amounts be deducted from his share of the estate to reimburse the applicant.

The respondent mother brought an urgent motion to suspend the applicant father's mid-week parenting time or, alternatively, to order him to take their three-year-old child to daycare during his parenting time.

The mother required the child to attend daycare full-time to maintain his spot and subsidy, which she needed in order to work.

The father objected to daycare attendance during his time, preferring the child stay home with his stepmother and siblings.

The court found it was in the child's best interests to attend daycare full-time, noting the benefits of the program and the disruption of part-time attendance, but allowed either parent to pick up the child before or after nap time.

The plaintiff moved to amend its statement of claim to add its principal as a plaintiff and the lawyer for the principal's ex-wife as a defendant, alleging conversion of property and actions that devalued the plaintiff's lodge business during a receivership.

The court allowed the amendments relating to conversion, finding they raised a tenable cause of action and were not clearly statute-barred, as discoverability was a triable issue.

However, the court dismissed the proposed amendment claiming damages for the devaluation of the lodge, finding it failed to plead a tenable cause of action for intentional interference with economic relations, conspiracy, or inducing breach of fiduciary duty, but granted leave to move again with fresh amendments.