COURT FILE NO.: 08-CT013743-00ES
[ 0 1-3743/08 and 05-001/08]
DATE: 20120208
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Catherine Pershadsingh Applicant – and – Sirijankie Thompson and Gloria May Harry in their personal capacities and as the trustees for the Estate of Raam Shankar Pershadsingh Sr., (also known as Raam Shankar Pershadsingh Q.C.) Respondents APPLICATION UNDER section 103 of the Courts of Justice Act, R.S.O. 1990, c. C. 43 and Rules 14.05(3)(a), (b), (c), (e), (g) and (h), 75.04(a) and (c), and 75.06(1), of the Rules of Civil Procedure AND BETWEEN: Jung Bahadoor Shankar Pershadsingh, Baidehie Sakina Pershadsingh and Siri Diane Thompson Applicants – and – Harrihar Shankar Pershadsingh and Gloria Harry in their personal capacities and as executors/estate trustees for the deceased Raam Pershadsingh Sr., and 1352575 Ontario Limited Respondents
Harrihar Shankar Pershadsingh, In Person
Malcolm N. Ruby, for the Respondent
DATE HEARD: January 24, 2012
B. O’MARRA J.
REASONS FOR judgment
[1] This is an Appeal from the decision of Master Short dated September 9, 2011 and a further order of the Master dated November 21, 2011 regarding costs. The Master heard submissions on March 10, 2011 and reserved for almost six months before releasing a very thorough decision of 28 pages. The Appellant did not file a Factum on this Appeal. The Appellant was self-represented and was extended latitude in his submissions and reference materials. However, the only issue before me is whether this Court should set aside Master Short’s order of September 9, 2011.
[2] This estate matter has involved protracted litigation without a date set for a trial on the merits. Master Short pointed out that eight different Superior Court Justices have had involvement with this matter and each had to gain their own understanding of the case. “The procedural twists and turns” then filtered down to Master Short. (para. 16 of the September 19, 2011 Reasons for Decision (the “Decision”)).
[3] On September 9, 2010, Justice Brown of this court ordered, inter alia, that a Master should hear all discovery-related motions. Master Short was appointed to that task.
[4] In the Decision of September 9, 2011, Master Short exhaustively reviewed the protracted history of these motions and ultimately addressed a series of routine procedural matters uniquely within a Master’s authority.
[5] On November 21, 2011, Master Short rendered a cost award on a partial indemnity basis. The Applicant was given until January 10, 2012 to pay the costs. That award was stayed pending disposition of this Appeal.
Analysis
[6] A Master’s order, final or interlocutory, will be interfered with only if the Master erred in law, exercised his or her discretion on wrong principles, or misapprehended the evidence such that there is a palpable and overriding error. Zeitoun v. Economical Insurance Group 2008 20996 (ON SCDC), [2008] O.J. No. 1771 (Ont. Div. Ct.) aff’d 2009 ONCA 415, [2009] O.J. No. 2003 (Ont. C.A.)
[7] The very thorough Decision of Master Short dated September 9, 2011 does not reveal any errors of law. Further, there are no instances where he exercised his discretion based on wrong principles nor did he misapprehend the evidence such as to commit a palpable and overriding error.
Disposition
[8] Appeal dismissed. Several of the orders contained in the Decision (numbers 4, 5, 6, 7, 9 and 10) require certain steps to be taken within 60 days. That time period will now run from the date my ruling is released. Order number 8 from the Decision will now provide that Harrihar Shankar Pershadsingh is to attend on a date before March 30, 2012 in accord with the other terms of that order. The costs order of November 21, 2011 is confirmed and those costs are to be paid by March 30, 2012. I will receive brief written submissions (no more than 5 pages) as to costs on this Appeal from the parties to be received at Judicial Administration no later than February 17, 2012.
B. O’Marra J.
Released: February 8, 2012
COURT FILE NO.: 08-CT013743-00ES
[01-3743/08 and 05-001/08]
DATE: 20120208
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
Catherine Pershadsingh Applicant – and – Sirijankie Thompson and Gloria May Harry in their personal capacities and as the trustees for the Estate of Raam Shankar Pershadsingh Sr., (also known as Raam Shankar Pershadsingh Q.C.) Respondents APPLICATION UNDER section 103 of the Courts of Justice Act, R.S.O. 1990, c. C. 43 and Rules 14.05(3)(a), (b), (c), (e), (g) and (h), 75.04(a) and (c), and 75.06(1), of the Rules of Civil Procedure AND BETWEEN: Jung Bahadoor Shankar Pershadsingh, Baidehie Sakina Pershadsingh and Siri Diane Thompson Applicants – and – Harrihar Shankar Pershadsingh and Gloria Harry in their personal capacities and as executors/estate trustees for the deceased Raam Pershadsingh Sr., and 1352575 Ontario Limited Respondents
REASONS FOR JUDGMENT
B. O’Marra J.
Released: February 8, 2012