CITATION: Vitale v. Martin et al and Martin v. Vitale et al, 2013 ONSC 7090
COURT FILE NO.: ES-997-12
DATE: 2013-11-15
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Myrna Winnifred Vitale, Applicant
and
Joanne Martin, Estate Trustee of the Estate of Salvatore Vitale, and in her personal capacity, Filippo Vitale and Giuseppina Vitale, Respondents
COUNSEL: Asad Saji, for the Applicant
M. Jasmine Sweatman, for the Respondent, Joanne Martin, Estate Trustee of the Estate of Savlatore Vitale and in her personal capacity
Fabio Gazzola, for the Respondents, Filippo Vitale and Giuseppina Vitale
COURT FILE NO.: ES-726-12
AND RE: Joanne Martin, as Estate Trustee of the Estate of Salvatore Vitale, Applicant
and
Myrna Winnifred Vitale, Lisa Howard, Christina Wigle, Michael Vitale, Michael Legere, Carole Cardoso, Fillippo Vitale Jr., Tyler Martin, Joshua Martin, Marcel Raymond, Girard a.k.a. Marcal Raymond, Donnie Ellison, Filippo Vitale, and Giuseppina Vitale, Respondents
COUNSEL: M. Jasmine Sweatman, for the Applicant
Asad Saji, for the Respondents, Myrna Winnifred Vitale, Lisa Howard, Christina Wigle and Michael Vitale,
Fabio Gazzola, for the Respondents, Filippo Vitale and Giuseppina Vitale
RULING ON COSTS WITH RESPECT TO TWO MOTIONS
BY THE HONOURABLE MR. JUSTICE R.D. REILLY
[1] In paragraph 23 of my ruling on the two motions I noted that the issues before the court require the attention of a trial judge.
[2] In paragraph 29 I stated “I am mindful that these are interim motions seeking temporary relief pending the careful consideration that a trial judge will have to apply to these sensitive and very contentious issues ... Based on the many contradictory affidavits that have been filed and the somewhat complex legal issues that have been raised, it is impossible for me to resolve these issues based upon the summary motions. They cry out for either a resolution by the parties or the determination by a trial judge”.
[3] Failing resolution by the parties, trial will take place in February 2014. Having carefully considered the written submissions of counsel with respect to costs, I essentially agree with the position taken by Ms. Sweatman, counsel for the estate trustee. I therefore direct that the issue of costs of both motions be reserved to the trial judge. The trial judge will be in a position to finally determine the issues before the court and as well to determine entitlement, if any, to costs.
R.D. Reilly J.
Released: November 15, 2013