Ryan Petrovski

The Gilmans moved to dismiss a construction lien action and a civil counterclaim brought by 2675076 Ontario Inc. and Cesare Fazari, citing persistent non-compliance with court orders and undertakings regarding documentation of alleged outstanding construction costs.

The court found that 2675076 Ontario Inc. failed to diligently advance the construction lien action as required by the Construction Act.

Consequently, the construction lien was vacated, and the Construction Lien Action was dismissed.

While acknowledging the persistent non-compliance, the court, applying Rule 60.12, granted 2675076 Ontario Inc. and Mr. Fazari one final 30-day opportunity to fulfill outstanding undertakings for the Civil Counterclaim, failing which it would also be dismissed.

The applicant sisters brought an estate application against their brother, the respondent, alleging he misappropriated their late mother's funds while acting as her Power of Attorney for Property.

The mother suffered from dementia, and the respondent had moved into her home, taking control of her finances and co-mingling her money with his own.

The court found the respondent breached his fiduciary duties by failing to account for the funds and using them for his own family's benefit.

The court ordered the respondent removed as Estate Trustee, dismissed his claim for personal care compensation, and ordered significant deductions from his share of the estate to repay the misappropriated funds, occupation rent, and unaccounted chattels.