Court File and Parties
COURT FILE NO.: 17-73107
DATE: 2019/12/23
SUPERIOR COURT OF JUSTICE - ONTARIO
IN THE ESTATE OF JEANNE HAYWARD (ALSO KNOWN AS JEAN HAYWARD), DECEASED
RE: Leslie Ann Hayward as Estate Trustee and the Estate of Jeanne Hayward (also known as Jean Hayward), Applicants
AND
Alexander William Keith Hayward, Shawn Hayward, David Hayward, Kelly Hayward and Lori Hayward, Respondents
BEFORE: Mr. Justice Stanley Kershman
COUNSEL: Gail Nicholls, Counsel for the Applicants
Robert De Toni, Counsel for the Respondents
HEARD: December 16, 2019 at Ottawa
ENDORSEMENT
Overview
[1] Following the release of the decision on December 12, 2019, the parties appeared to argue the issue of costs. Prior to costs arguments being heard, the Court asked the parties if there were any issues relating to the mechanics of the December 12, 2019 decision. Several were brought up. Based on those issues, the Court orders the following:
Once the appeal period expires and assuming no appeal is filed, the articles, tractors and the vehicles which are currently in storage, shall be picked up by the respective owners as set out in the decision within 7 business days of the expiry of the appeal period. Any article, tractor and/or vehicle not so collected will be deemed abandoned and the estate can remove and sell these items and the net proceeds shall form part of the residue of the estate;
The exception to this is the Montana Tractor, which cannot be picked up until such time as Alex Hayward has paid Leslie Hayward $12,560 by way of certified cheque or money order, after which time, the vehicle can be picked up. In such a case, pick up shall be no later than January 20, 2020. In the event that Alex Hayward does not pay the amount in full and/or does not pick up the Montana Tractor as aforesaid, the tractor shall be deemed abandoned and Leslie Hayward can remove it and do with it as she wishes. The judgement by Leslie Hayward against Alex Hayward will be deemed satisfied in full if payment is made or if Leslie takes the Montana;
In the event that this Court’s decision is appealed, then the articles, tractors and the vehicles will remain in storage until a decision is rendered by the appropriate appeals court;
The appeal period has already been waived by the Applicants orally in Court. In the event that the appeal period is waived by the Respondents, it must be done by way of an email from Mr. De Toni to Ms. Nicholls, or to whoever she directs that the notice goes to. In such a case, the articles, tractors and vehicles shall be removed within 7 business days after the waiver of the appeal period by the Respondents, save and except for the Montana Tractor. If the items, tractors and vehicles are not removed within 7 business days, they will be deemed abandoned and the estate can be removed and sell them, and the proceeds shall fall into the residue of the estate;
If the appeal period is waived by both sides, $12,560 must be paid by Alex Hayward to Leslie Hayward for the Montana Tractor prior to its release by way of certified cheque or money order within 7 business days after the waiver of the appeal period, failing which shall be deemed abandoned and Leslie Hayward can remove it and do with it as she wishes. In such a case, the judgement by Leslie Hayward against Alex Hayward shall be deemed satisfied in full; and
Any items, tractors and vehicles that are released are being released on a “as is where is basis”.
[2] Order accordingly.
Mr. Justice Stanley J. Kershman
Date: December 23, 2019
COURT FILE NO.: 17-73107
DATE: 2019/12/23
ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE ESTATE OF JEANNE HAYWARD (ALSO KNOWN AS JEAN HAYWARD), DECEASED
RE: Leslie Ann Hayward as Estate Trustee and the Estate of Jeanne Hayward (also known as Jean Hayward), Applicants
AND
Alexander William Keith Hayward, Shawn Hayward, David Hayward, Kelly Hayward and Lori Hayward, Respondents
BEFORE: Mr. Justice Stanley Kershman
COUNSEL: Gail Nicholls, Counsel for the Applicants
Robert De Toni, Counsel for the Respondents
ENDORSEMENT
Kershman, J.
Released: December 23, 2019