Court File and Parties

Court File No.: 99-CV-9245
Date: 20131108
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Alfredo D. Seangio et al, Plaintiffs

- and –

Barbara Seangio et al, Defendants

Before: Hackland R.S.J.

Argued: In Ottawa on October 24, 2013

Counsel:
James L. MacGillivray, for the Plaintiffs

Bruce F. Simpson for the Defendants (moving parties)

Endorsement

[1] The defendants bring this motion under Rule 24 for dismissal of the action for delay or alternatively for a termination of an interim order which froze the bank account in issue shortly after the action was commenced 14 years ago in 1999.

[2] The parties to this action are the ten children of the late Segundo C. Seangio, a business man of some means who died intestate, a resident of the Philippines on July 10, 1997. According to the affidavit evidence of the plaintiffs, the late Mr. Seangio was in the habit of transferring assets to many of his children to hold in their own names but on his behalf with the eventual idea that all of the children would share all of his assets equally upon Mr. Seangio’s death.

[3] There is on-going litigation in the Philippines concerning the estate of the late Mr. Seangio, the details of which are not at all clear. I see no evidence in the motion record that the particular issues in this proceeding are before the courts in the Philippines. This action pertains to a residential property at 1813 Hunters Run Drive in Ottawa, Ontario and a bank account at the Royal Bank of Canada also in Ottawa, containing some $200,000 as of this date. When the late Mr. Seangio died in July of 1997 the joint bank account went to the defendants Barbara and Virginia with whom he held this account as a result of the right of survivorship. The Hunters Run residential property has always been registered in the names of Barbara and Virginia Seangio. The three remaining plaintiffs in this action, Shirley, Elisa and Betty, allege that the bank account and the residential property are held in trust for the estate of the late Mr. Seangio and are jointly owned on a beneficial basis by all of the children. Other than the plaintiffs’ assertions that this is the case, there is really no evidence to support the fact that the ownership of the real property and the bank account are other than as the legal title would reflect i.e. the property of Barbara and Virginia Seangio.

[4] The statement of claim in this action was issued on March 3, 1999, over 14 years ago and virtually no steps have been taken, apparently with the idea that all of the allegations would be sorted out in litigation in the Philippines (at least with respect to the bank accounts). None of this has occurred.

[5] On September 30, 1999 the Master issued an order freezing the bank account and providing leave to issue a certificate of pending litigation with respect to the real property.

[6] As noted, the relief sought by the defendants on this motion is the dismissal of the action or, in the alternative, an order releasing the freeze on the bank accounts and directing that the action be set down for trial within 30 days.

[7] I am advised that the defendants are well into their senior years and the continuance of this action, particularly the on-going freezing of their bank account, significantly infringes on their enjoyment of life. Moreover, as noted, there is no evidence before the court that these issues are being dealt with in the Philippines. There is no evidence approaching a prima facie case that title to the bank account or the residential property is beneficially held for the benefit of the estate.

[8] I see no continuing justification for the freeze order instituted against the bank accounts in September of 1999. That order is vacated forthwith. The certificate of pending litigation will remain on the real property and an order will issue that the action be set down for trial by the plaintiffs within 30 days of the date of this order, failing which the action may be dismissed and the certificate of pending litigation vacated.

[9] In my view, this is not a case for costs.

Mr. Justice Charles T. Hackland

Released: November 8, 2013

COURT FILE NO.: 99-CV-9245
DATE: 20131108

SUPERIOR COURT OF JUSTICE - ONTARIO

ALFREDO D. SEANGIO et al

and

BARBARA SEANGIO et al

ENDORSEMENT

HACKLAND R.S.J.

Released: November 8, 2013