Vitale v. Martin et al and Martin v. Vitale et al, 2013 ONSC 7090

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

1In paragraph 23 of my ruling on the two motions I noted that the issues before the court require the attention of a trial judge.

2In 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”.

3Failing 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.