SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: CV-19-00629594

DATE: 20210624

RE: ZEPPIERI & ASSOCIATES Applicant

AND:

TERESA PELLECCHIA, LUISA PELLECCHIA CAETANO, CLAUDIO PELLECCHIA Respondents

BEFORE: Mr. Justice Chalmers

COUNSEL: G. Gryguc, for the Applicant H. J. Ash for the Respondent Luisa Pellecchia Caetano J. Oelbaum for the Respondent Claudio Pellecchia T. Pellecchia, self-represented J. Chiang for the Public Guardian and Trustee

HEARD: June 24, 2021, by videoconference

ENDORSEMENT

[1] This Application came before me on May 20, 2021. At that time, I concluded that Teresa Pellecchia is a party under disability. I adjourned the Application sine die to be brought back, once a litigation guardian has been appointed on behalf of Teresa Pellecchia.

[2] I convened a case conference for today to determine the status of the appointment of a litigation guardian. Counsel advise that a litigation guardian has not been appointed. There was an Application before Justice Conway on June 22, 2021 in a related matter. There was some expectation that a litigation guardian would have been appointed for Teresa Pellecchia in that matter. Counsel advise that no litigation guardian was appointed. The Application before Conway, J. was adjourned to November 15,2021. Conway, J. is not seized.

[3] It is my view that this Application cannot proceed until a litigation guardian is appointed for Teresa Pellecchia. This Application continues to be adjourned sine die. I direct counsel for Luisa Pellecchia Caetano to keep counsel for the Applicant advised if there are any developments with respect to the appointment of a litigation guardian for Teresa Pellecchia.

[4] To minimize the delay to the Applicant, I direct that the Applicant may contact the Assessment Office to schedule a tentative date for the assessment hearing. The hearing will not take place until after my decision in this Application is released, and only if the Applicant is successful.

[5] I schedule the next case conference in this Application for November 18, 2021 at 9 a.m. If a new attorney for property is appointed for Teresa Pellecchia before that date, counsel for the Applicant is directed to advise the new attorney for property of the case conference and to provide the call-in information once received from the court.

[6] I remain seized of this Application.

DATE: JUNE 24, 2021