CITATION: O'Donovan v. O'Donovan, 2017 ONSC 5448
COURT FILE NO.: C-248-007 (Kitchener), C-772-07 (Kitchener),
08-004-09 (Toronto),08-005-09 (Toronto), ES-1040-11 (Kitchener), ES-1041-11 (Kitchener) and ES-827-16 (Kitchener)
DATE: 2017/09/13
ONTARIO
SUPERIOR COURT OF JUSTICE
at KITCHENER
In the Michael Val O'Donovan Family Trust #1 In the Michael Val O'Donovan Family Trust #2 In the Sheila O'Donovan Family Trust
SUPERIOR COURT OF JUSTICE- ONTARIO
Brian O'Donovan, Patrick O'Donovan, Michael O'Donovan and Tyler O'Donovan
- and-
Applicants
Sheila O'Donovan (in her personal capacity and her capacity as Trustee of The Sheila O'Donovan Family Trust), Edward Kalkstein (in his personal capacity and in his
former capacity as Trustee of the Sheila O'Donovan Family Trust), Steven
O'Donovan aka Stephan O'Donovan, Christopher Anthony O'Donovan, The Estate of Michael Val O'Donovan, And Ministry of the Attorney General Office of the Children's Lawyer,
Respondents
COUNSEL: Arieh Bloom, Justin Nasseri & Sean Grayson - Solicitors for the Applicants
R. Douglas Elliott & Elena Mamay, - Solicitors for Sheila O'Donovan (in her personal capacity and her capacity as (Trustee of the Sheila O'Donovan Family Trust)
Mark Muir Rodenburg, - Solicitor for the Children's Lawyer on behalf of all the minor beneficiaries, the unborn and the un-ascertained beneficiaries (watching brief)
Page:2
Edward Kalkstein (not represented at hearing)
The Estate of Michael Val O'Donovan, Unrepresented
BEFORE: The Honourable Justice J.W. Sloan
HEARD: August 8 and 9, 2017
THE HONOURABLE JUSTICE J. W. SLOAN
COSTS ENDORSEMENT
[1] I believe responding counsel misinterpreted the tenor of my endorsement.
[2] To try to categorize Sheila's motion to withdraw admissions as tactical in nature defies logic.
[3] The difference between the original admission made by Sheila and her current position is approximately $14,000,000.
[4] For the respondents to take the position that Sheila could not ask the court to revisit this "mistake" was a tactical and precarious position for the respondents to take.
[5] I agree with Mr. Elliot's submission that the granting of leave in this case was foreseeable in the absence of any evidence of prejudice.
[6] The responding parties, save and except for Mr. Kalkstein who's lawyer attended the motion with a watching brief only, shall pay costs to Sheila fixed in the amount of
$15,000 inclusive of disbursements and HST.
J. W. Sloan J.
Released: September 13, 2017
CITATION: O'Donovan v. O'Donovan, 2017 ONSC 5448
COURT FILE NO.: C-248-007 (Kitchener), C-772-07 (Kitchener),
08-004-09 (Toronto),08-005-09 (Toronto), ES-1040-11 (Kitchener), ES-1041-11 (Kitchener) and ES-827-16 (Kitchener)
DATE: 2017/09/13
ONTARIO
SUPERIOR COURT OF JUSTICE BETWEEN:
Brian O'Donovan, Patrick O'Donovan, Michael
O'Donovan and Tyler O'Donovan
- and-
Sheila O'Donovan (in her personal capacity and her capacity as Trustee of The Sheila O'Donovan Family Trust), Edward Kalkstein (in his personal capacity and in his
former capacity as Trustee of the Sheila O'Donovan Family Trust), Steven
O'Donovan aka Stephan O'Donovan, Christopher Anthony O'Donovan,
The Estate of Michael Val O'Donovan, And Ministry of the Attorney
General Office of the Children's Lawyer
REASONSFORJUDGMENT
J. W. Sloan J.
Released: September 13, 2017