Robert Di Vincenzo

The moving party brought a motion for leave to appeal an order of Dietrich J. dated June 23, 2021.

The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay costs fixed at $4,000 to the responding party.

The applicant son brought a motion within an application regarding his elderly mother's capacity and the management of her property by his sister.

The mother had been diagnosed with Alzheimer's disease, but the sister disputed the diagnosis and procured new powers of attorney in her favour.

The court found reasonable grounds to believe the mother was incapable of managing her property and personal care, noting flaws in previous capacity assessments arranged by the sister.

The court ordered a comprehensive capacity assessment, a functional assessment, and conditionally ordered the sister to pass her accounts.

The defendant moved to vary an earlier order requiring that 50 percent of the proceeds from the sale of a property be held in trust pending determination of the plaintiff’s claimed beneficial interest.

The motion alleged that the plaintiff had failed to make full and frank disclosure when obtaining an earlier certificate of pending litigation on an ex parte basis, including failing to disclose prior sworn statements in earlier family proceedings contradicting his asserted ownership interest.

The court held that the newly discovered evidence would likely have affected the earlier decision and that the evidence could not reasonably have been obtained before the earlier motion.

The court varied the previous order to release the sale proceeds to the defendant.

The defendant’s motion to dismiss the action as frivolous or an abuse of process was adjourned and directed to proceed as a summary judgment motion.

The appellant tenant appealed a Landlord and Tenant Board decision terminating his tenancy on the basis that the landlord required the unit in good faith for her own use.

The Divisional Court dismissed the tenant's motion to admit fresh evidence and rejected arguments that the Board failed to consider s. 72(2) of the Residential Tenancies Act or erred in its good faith analysis.

The appeal was dismissed, as the tenant failed to identify any error of law.

The appellant, a tenant of 33 years, sought an extension of time to appeal an eviction order made under the Landlord and Tenant Act.

The court applied the test for extending time and found that the appellant had formed an intention to appeal, the delay was short and explained, and there was no prejudice to the respondent.

The court held that the appellant raised an arguable ground of appeal regarding the interpretation of s. 72(2)(a) of the Act, which had not been previously judicially interpreted.

The application to extend time was granted.

The plaintiff brought motions for leave to appeal two interlocutory orders that dismissed a motion to continue an ex parte Anton Piller order and dismissed subsequent motions for relief under Rules 30 and 45.

The Divisional Court dismissed the motions for leave to appeal, finding that the motion judge properly considered the matter de novo and correctly concluded that the plaintiff failed to establish a strong prima facie case to justify continuing the intrusive order.

The court found no reason to doubt the correctness of the orders and no denial of natural justice.

The appellant failed to appear at the hearing of the appeal.

Consequently, the Court of Appeal for Ontario dismissed the appeal as abandoned.

The Crown appealed the sentence of nine years imposed on the respondent for conspiracy to kidnap his wife, counselling the murder of his wife, and counselling the murder of a Crown attorney and his wife.

The Court of Appeal found the sentence manifestly unfit, noting the trial judge failed to give sufficient weight to denunciation, general deterrence, and numerous aggravating factors, including the identity of the victims and the fact that the respondent committed further offences while in custody.

The appeal was allowed, and the total sentence was increased from nine years to thirteen years.