Robert Jagielski

The applicants brought a motion seeking a finding that the respondents, Hanna Gajek and Katarzyna Krol, failed to comply with two prior court orders requiring disclosure of the assets and liabilities of the late Marek Krol's estate.

The court found that Katarzyna Krol had satisfied her disclosure obligations to the best of her ability, as she had no knowledge or possession of relevant documents.

However, the court found that Hanna Gajek had not fully complied with the orders, particularly regarding documents likely kept in a safe and details of joint bank accounts.

The motion was dismissed against Katarzyna Krol and allowed in part against the Estate of Hanna Gajek, with directions for further disclosure.

The parties were involved in a dispute over the estate of the deceased, who allegedly died intestate.

The applicant sought the appointment of an Estate Trustee Without a Will and an advance from the estate, while the respondents sought the appointment of an Estate Trustee During Litigation and directions regarding estate properties.

The court consolidated the two applications, appointed an Estate Trustee During Litigation to administer the estate pending the resolution of the dispute, deferred the request for an advance, and authorized the payment of outstanding property taxes on estate properties.

The applicants, charged with offences related to an armoured car robbery, applied for a stay of proceedings under s. 24(1) of the Charter, alleging a violation of their s. 11(b) right to be tried within a reasonable time.

The total delay from the laying of charges to the scheduled trial was approximately 49 months.

The court applied the Morin framework and found that the majority of the delay was attributable to the inherent time requirements of the case and defence actions, particularly during a protracted preliminary inquiry.

The total Crown and institutional delay was calculated at just under 13 months, which fell within the Morin guidelines.

Finding no unreasonable delay and no evidence of actual prejudice, the court dismissed the application.