Sam Cosentino

This decision concerns the costs arising from protracted estate litigation over the administration and distribution of the estate of Maria Giuseppa Cosentino.

The court reviews the history of three related proceedings, the conduct of the parties and their counsel, and the reasonableness of legal fees claimed.

The court finds that much of the litigation was driven by sibling conflict and overreaching claims, particularly by Sam Cosentino, who acted as both lawyer and party.

The court fixes the costs payable from the estate, significantly reducing some claims, and authorizes the estate trustee during litigation to complete the administration and distribution of the estate.

The plaintiff, Sam Cosentino, brought a motion to amend his statement of claim for the fifth time to add new transactions, some of which occurred more than two years prior to the motion.

The court dismissed the motion, finding that the proposed amendments would cause prejudice to the defendants, particularly given a pending summary judgment motion.

The court also determined that the new claims were barred by the Limitations Act, as the plaintiff failed to rebut the presumption of prejudice arising from the expired limitation period.

Additionally, the plaintiff's refusal to provide a blacklined pleading, as directed by the court, was noted.