SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Concetta Baca, Gina De Vincentis and Luciano Gualtiero Ricci v. Augusta Tiberi and Bruno Tiberi
BEFORE: Fragomeni, J.
COUNSEL: M. Singh, for the Applicants
D. Hagel, for the Respondents
HEARD: February 26, 2016
E N D O R S E M E N T
1Order to issue as follows:
- (a) that the Respondent Augusta Tiberi shall serve and file a further Affidavit, with supporting documentary evidence, addressing specifically paragraphs 9(a) – (o), 10, 17-22 of the Affidavit of Nanda Singh, sworn February 19, 2016;
(b) this further Affidavit shall also set out what steps have been taken to comply with paragraphs 3 and 4 of the order of Justice Price, dated December 15, 2015;
(c) this further Affidavit shall also confirm that paragraph 8 of the Order of Justice Price, dated December 15, 2015 is being complied with and shall specifically set out where the funds are being held in trust.
2This matter is adjourned to March 24, 2016 at 9:00 a.m. before me for continuation of the Applicant’s motion dated February 19, 2016.
3The Respondent, Augusta Tiberi shall serve and file her further Affidavit material on or before March 22, 2016.
4At the return date of the Motion before me on March 24, 2016 the following issues will be determined:
(a) whether an order shall be made declaring that the Respondent, Augusta Tiberi, is in breach of Justice Price’s order of December 15, 2015;
(b) whether the Respondent, Augusta Tiberi shall comply with the terms of Justice Price’s order of December 15, 2016 within 30 days;
(c) whether the Respondent, Augusta Tiberi, shall be required to pay into Court, $400,000, plus interest pending determination of the Application;
(d) whether the Respondent, Augusta Tiberi is prohibited from taking any steps as Estate Trustee without the written consent of the Applicants; and
(e) whether a timetable shall be set out for the steps to be taken for the hearing of the Application on June 6, 2016.
5The issue of costs is reserved to be dealt with by me at the return date of March 24, 2016 at 9:00 a.m.
6The Affidavit in response to the Applicants Affidavit is set out at Tab 1 of the Respondents Responding Record to the cross-motion. The Affidavit, sworn February 25, 2016 is from Adriana Ruberto, a paralegal with the Hagel Law Firm. The Affidavit, at paragraphs 2 to 6, simply attaches a series of letters exchanged between counsel and attached as Exhibits A to E of Ms. Ruberto’s Affidavit.
7I am not satisfied that the Affidavit of Ms. Ruberto addresses the concerns raised in the Affidavit of Nanda Singh. It is necessary to have a more complete evidentiary record from the Respondent. It is for that reason that I am providing the Respondent with additional time to serve and file that additional evidentiary record. The relief being requested by the Applicants in their motion is significant and I will only determine those issues with a full evidentiary record. It is imperative that the Respondent address, in her further Affidavit, the concerns raised by the Applicants, so that the court can properly and reasonably determine the issues raised in the Applicants’ motion.
Fragomeni J.
DATE: March 2, 2016
CITATION: Baca, et al v. Tiberi, et al., 2016 ONSC 1500
COURT FILE NO.: CV-15-4447-ES
DATE: 2016 03 02
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Concetta Baca, Gina De Vincentis and Luciano Gualtiero Ricci v. Augusta Tiberi and Bruno Tiberi
BEFORE: Fragomeni J.
COUNSEL: M. Singh, for the Applicants
D. Hagel, for the Respondents
ENDORSEMENT
FRAGOMENI J.
DATE: March 2, 2016