SUPERIOR COURT OF JUSTICE – ONTARIO

COURT FILE NO.: 01-4621-08
DATE: 20140327

RE: JOHN VEIGA, Applicant/Moving Party

AND:

MARGARET VEIGA, in her personal capacity and in her capacity as estate trustee of the estate of Rita De Jesus Bernardo, deceased, LUCY VEIGA and IRENE VEIGA, Respondents/Responding Parties

BEFORE: Stinson J.

COUNSEL:
Brendan Donovan, for the applicant

Margaret Veiga, acting in person

Michael Cooper, for the respondent Lucy Veiga

HEARD: By written submissions

ENDORSEMENT

[1] In my endorsement released November 14, 2013, I granted a motion for summary judgment brought by the applicant, John Veiga. The motion was brought to enforce a settlement agreement, which I directed be performed. In my endorsement I directed the parties to make written submissions as to costs and they have now done so.

[2] My review of the costs submissions of John and the response of Margaret reveals that they appear to address a range of steps associated with the contested administration of the estate, and not merely the motion for summary judgment. There are live disputes regarding compliance or non-compliance by various parties with prior court orders concerning accounting for estate assets and other activities. Some of the costs sought by John may or may not relate to these matters, and thus may or may not properly be recoverable in relation to the costs award for his successful summary judgment motion. I am unable to resolve these questions based on the materials before me. Other costs issues may more properly arise and be addressed in connection with the passing of the executor’s accounts, or otherwise.

[3] As part of my endorsement granting summary judgment, I directed that, if the parties were unable to agree upon a suitable process for resolving accounting issues, or required clarification or resolution of any related relief, they could make arrangements to appear before me for directions. I have now received a request for a case conference with counsel (including newly-appointed counsel representing Margaret) for the foregoing purpose. In the circumstances, I propose to defer making any costs award until that case conference has been held. This will allow the parties to make submissions regarding the appropriate way to approach the disposition of the costs requests not merely in the context of the successful motion for summary judgment but as well in relation to other aspects of the administration of the estate.

[4] I direct all parties to come to the case conference prepared to address in detail not only the issues associated with implementation of the summary judgment decision, performance of the settlement agreement and costs, but also all other potential issues regarding completion of the administration of this estate. If specific directions will be sought, a draft order for directions should be prepared and circulated in advance of the case conference. I also direct counsel to turn their minds to the prospect of a mediation directed at the prompt resolution of all these issues.

Stinson J.

Date: March 27, 2014