COURT FILE NO.: CV-21-660158-00ES
DATE: 20211116
ONTARIO
SUPERIOR COURT OF JUSTICE
IN THE ESTATE OF THIODORE MOISEAS ALSO KNOWN AS TRACIOS MOISEAS ALSO KNOWN AS TEDDY MOISEAS ALSO KNOWN AS TED MOISEAS, DECEASED
BETWEEN:
Toni Stoyan
Applicant
– and –
Doris Johnson and Toni Stoyan
Respondents
Derek Ketelaars, for the Applicant
Doris Johnson, self-represented Respondent
Sotir Stepanovski, self-represented Non-Party by his attorney for property Father Stevan Gruevski
HEARD: October 4, 2021
DIETRICH J.
REASONS FOR DECISION
Overview
[1] Thiodore Moiseas, also known as Tracios Moiseas, also known as Teddy Moiseas, also known as Ted Moiseas (the “Deceased”) died on December 13, 2017 at the age of 86 years. This matter involves the determination of the rightful heirs of his estate (the “Estate”).
[2] The Deceased died having made a Will dated June 9, 2000. The only beneficiaries named therein were his spouse, Irena Moiseas, and his son, William Moiseas. Unfortunately, they predeceased him in 2001 and 2017, respectively. Accordingly, the Deceased died intestate.
[3] Anthony Stoyan, also known as Matody Stoyan, also known as Tony Stoyan (“Anthony”) claimed to be a first cousin of the Deceased. On this basis, with the consent of his sister Doris Johnson (“Mrs. Johnson”), who also claims to be a first cousin of the Deceased, this court issued to Anthony a Certificate of Appointment of Estate Trustee without a Will on November 8, 2018. Anthony brought his application for a Certificate of Appointment of Estate Trustee without a Will, on an urgent basis, at a time when it appeared that Mortgage Home Equity Corporation would sell the Deceased’s residence in the City of Toronto under power of sale.
[4] Anthony died on January 7, 2021. Following Anthony’s death, his daughter, the applicant, Toni Stoyan, who had been assisting her late father in the administration of the Estate, brought the within application. She seeks to be appointed as succeeding Estate Trustee without a Will. She also seeks:
(a) a declaration, in the form of a Benjamin Order, that certain of the Deceased’s relatives have predeceased him, for the purposes of this proceeding only, and that the beneficiaries of the Estate are the Deceased’s first cousins, the late Anthony (through his estate) and Mrs. Johnson; and
(b) an order authorizing Toni Stoyan, as succeeding Estate Trustee, to divide and distribute the residue of the Estate to Anthony’s estate and to Mrs. Johnson in equal shares.
[5] For the reasons that follow, I decline to exercise my discretion to issue a Benjamin Order declaring certain relatives of the Deceased to have predeceased him and declaring Anthony and Mrs. Johnson as the next of kin of closest degree to the Deceased. The evidentiary record falls far short of supporting such a finding. I also decline to appoint the applicant Toni Stoyan as the succeeding Estate Trustee without a Will.
Background Facts
[6] The Deceased had been declared incapable of managing his property, and his property was being managed by the Public Guardian and Trustee for Ontario at the time of his death. Approximately one year following the Deceased’s death, Home Equity Mortgage Corporation sold the Deceased’s residence in the City of Toronto under power of sale.
[7] Having obtained a Certificate of Appointment of Estate Trustee without a Will, Anthony, with the assistance of the applicant, undertook to determine the Deceased’s next of kin of nearest degree for the purposes of distributing the Estate to his rightful heirs. Following Anthony’s death, the applicant continued this research.
[8] At the time of the Deceased’s death, it was not known, for certain, whether the Deceased was survived by any issue, parent, uncle, aunt, niece, or nephew, for the purposes of distributing the Estate.
[9] Initially, Anthony and the applicant declined to advertise for potential beneficiaries of the Estate in Greece or Macedonia, where the Deceased had been born, and from where he and his mother had emigrated. The applicant submitted that they declined to do so because they believed that they would have no way to verify the responses received.
[10] In May 2020, Sotir Stepanovski (“Mr. Stepanovski”), who lives in the Republic of Macedonia, had contacted Anthony, and claimed to be next of kin of the Deceased. He claimed that he was an heir to the Estate because he was the grandson of a sister of the Deceased’s mother, namely, the Deceased’s aunt Dosta Saro. Mr. Stepanovski also claimed to be aware of another heir, living in the Republic of Macedonia, who he claimed was his cousin, and the granddaughter of another aunt of the Deceased, being Coteva Saro. Anthony encouraged Mr. Stepanovski to retain Macedonian counsel in Ontario so that his claim could be properly evaluated. Mr. Stepanovski declined to retain counsel.
[11] Mr. Stepanovski submitted to Anthony a number of documents in support of his claim to be the Deceased’s next of kin, with a claim to the Estate. Among the documents was one entitled “Biography From My Family Relationship With My Uncle Tale (English Ted)”, dated September 5, 2020; an untitled typed statement dated October 26, 2020 with several enclosures, which were not original documents, but photocopies, and a package of undated photocopied photographs. The documents submitted did not satisfy Anthony and the applicant that Mr. Stepanovski qualified as next of kin of the Deceased with an entitlement to share in the Estate.
[12] The applicant first appeared before this court on April 13, 2021 seeking the relief set out in her application. That morning, the court had received a copy of a letter sent by Father Stevan Gruevski, who stated that he had been named as the attorney for property for Sotir Stepanovski, who claimed to have a financial interest in the Estate as a relative of the Deceased. Father Gruevski appeared at the hearing and advised that he would be representing Mr. Stepanovski in this matter because Mr. Stepanovski was not fluent in English. Father Gruevski sought an adjournment.
[13] The applicant confirmed that Mr. Stepanovski had been in touch with her lawyer about his claim and that, based on the information that Mr. Stepanovski had provided to the applicant, she could not conclude one way or the other whether Mr. Stepanovski was a relative of the Deceased. She deposed that she did conclude that if Mr. Stepanovski were a relative of the Deceased as he claimed, he would be a first cousin, once removed. As such, Mr. Stepanovski would rank behind Anthony and Mrs. Johnson, who claimed to be first cousins of the Deceased, and would therefore not share in the Estate. The applicant nonetheless served Mr. Stepanovski on the application.
[14] On April 13, 2021, I adjourned the hearing to June 30, 2021. I appointed the applicant as succeeding Estate Trustee without a Will for the limited purpose of bringing this application. I ordered that the applicant and Mr. Stepanovski comply with a timetable for the exchange of materials between them and for cross-examinations, if any. I also ordered the applicant to advertise in newspapers in each of Greece and Macedonia in a region in which the advertisement would be most likely to reach relatives of the Deceased who might respond and be able to provide additional family history.
[15] Counsel to the applicant sent a copy of my endorsement and order to Mr. Stepanovski the same day. Counsel highlighted for Mr. Stepanovski the importance of retaining a lawyer and filing a response to the application by May 19, 2021. Counsel to the applicant cautioned that his client would strongly oppose any further request for an adjournment.
[16] The applicant arranged to place an advertisement in a newspaper called “Nea Florina” in the city of Florina in the region of Western Macedonia, close to the village of Antartiko. The newspaper was published and circulated on a biweekly basis, and the newspaper operated two websites also. The advertisement was drafted by counsel to the applicant, translated into Greek, and published in the next edition circulated after May 7, 2021. As of June 17, 2021, the advertisement was still being published on both websites and appearing biweekly in the printed newspaper. The advertisement sought “information about the family of Theodore Moiseas or Trico Moiseas (also known as Teddy Moiseas or Ted Moiseas), from Toronto, Canada, who was born in the village of Antarctica, Florina.” The applicant deposed that there was one response to this advertisement by Georgios Theodorou. He claimed to have “a distant degree of kinship” to the Ted Moiseas family but he did not explain his relationship to the Deceased. When asked for further details, Mr. Theodorou provided the applicant with information that caused her to believe that Mr. Theodorou was referring to a person other than the Deceased.
[17] The applicant also arranged to place a similar advertisement in Nova Makedonija and Vercer, each a major newspaper published in the city of Slopje, the capital city of Northern Macedonia on or around May 10, 2021. The applicant deposed that there was no response to this advertisement.
[18] On June 30, 2021, the applicant was prepared to proceed with the application. Even though Mr. Stepanovski had been aware of the application for some 16 months, and the timetable for the application had been set out clearly in my April 13, 2021 Order, Mr. Stepanovski did not comply with my Order. Instead, on the day of the hearing, he submitted voluminous materials, all of which were unsworn. He also filed a Statement of Claim in which he brought an action against a variety of defendants including putative relatives of the Deceased and Home Equity Mortgage Corporation. Apart from unspecified delays related to COVID-19, Mr. Stepanovski had no good reason for filing his materials on the day of the hearing. At this hearing, Mr. Stepanovski submitted that the applicant’s materials did not prove that Stella Stoyan, whom the applicant alleged was a sister of the Deceased’s mother and the mother of Anthony and Mrs. Johnson, was in fact related to the Deceased. He also submitted that the rules of intestacy to be applied in this case were the international rules of intestacy, as opposed to the rules set out in the Succession Law Reform Act, R.S.O. 1980, c. S.26 (the “SLRA”).
[19] The application was adjourned to September 2, 2021. The applicant sought and was granted leave to serve and file additional evidence. Mr. Stepanovski was advised to serve and file proper responding materials, by no later than August 20, 2021. If neither party sought to cross-examine the other, the application would proceed on September 2, 2021.
[20] On September 2, 2021, the applicant was ready to proceed. Father Gruevski, acting as attorney for property for Mr. Stepanovski, did not appear. Despite the clear direction given at the June 30, 2021 hearing, Father Gruevski filed materials and sent materials to me directly, and to the parties, via email, over several days prior to the hearing, and on the day of the hearing. Father Gruevski failed to appear at the hearing. Instead, his son Dusan Gruevski appeared to advise the court that Father Gruevski was bed-ridden and so ill that he would not be able to participate in the proceeding or give any instructions.
[21] Most of the materials filed by Mr. Stepanovski in anticipation of the September 2, 2021 hearing, if not all them, were inadmissible. One of the brief affidavits he submitted had not been sworn before a commissioner of oaths. The material consisted of a variety of documents and photographs, which did not form part of any affidavit. None of the documents were filed by August 20, 2021 as ordered. In deciding this matter, I have not relied on any of the materials filed by Mr. Stepanovski.
[22] On September 2, 2021, the applicant submitted that she had gone to considerable expense to gather additional evidence to support her claim, and to file a brief of law respecting the applicable rules of intestate succession. I declined to proceed in the absence of Mr. Stepanovski or Father Gruevski as his agent, and because there was insufficient time remaining owing to recording difficulties at the court at the outset of the hearing. The application was adjourned to October 4, 2021, peremptory on Mr. Stepanovski.
[23] Regarding Mr. Stepanovski’s action in which the Estate of Anthony Stoyan and Home Equity Mortgage Corporation are named as defendants, Jonathan Friedman appeared at the September 2, 2021 hearing as counsel to the defendants, other than Home Equity Mortgage Corporation, whose counsel was also present. The defendants represented by Mr. Friedman sought a stay of the action. In the absence of the plaintiff, I declined to grant the requested relief, without prejudice to the defendants’ right to seek such relief at a later date.
[24] On October 4, 2021, despite the fact that the date was made peremptory on Mr. Stepanovski, neither he nor his agent, Father Gruevski, appeared. Father Gruevski had nonetheless sent a lengthy letter very early on the morning of the hearing stating that he was, once again, unable to participate owing to health issues. He also advised that Mr. Stepanovski would not be appearing owing to his health issues related to PTSD and trauma. Instead, Father Gruevski would be sending his son Dusan Gruevski to observe the proceeding and take notes. The application proceeded in the absence of Mr. Stepanovski and Father Gruevski.
Positions taken in the litigation
[25] The applicant asserts that Kote Saros and Triantafylla Saros had five daughters: Stella, Mitra, Tena (Tina), Coteva and Dosta. She further asserts that the Deceased is the son of Tena, and that Anthony and Mrs. Johnson are the children of Stella, which would make them first cousins of the Deceased.
[26] The applicant further asserts that Mr. Stepanovski has not proven that Dosta was a child of Kote Saros and Triantafylla Saros and an aunt of the Deceased, nor has he proven that his father was a child of Dosta. Even if Mr. Stepanovski were a grandchild of Dosta, and Dosta were a child of Kote Saros and Triantafylla Saros and a sister of the Deceased’s late mother, as Mr. Stepanovski alleges, the applicant asserts that Mr. Stepanovski would have a degree of kinship to the Deceased that is more remote than Anthony’s and Mrs. Johnson’s degree of kinship, and he would not rank equally with them. The applicant submits that the Ontario rules of intestate succession, as set out in the SLRA, apply to the Estate.
[27] Mr. Stepanovski had submitted, at the June 30, 2021 hearing, that the applicant had not proven that Stella Stoyan was a child of Kote Saros and Triantafylla Saros and an aunt of the Deceased, thereby casting doubt on the status of Anthony and Mrs. Johnson as first cousins of the Deceased, entitled to share the Estate between them.
[28] Mr. Stepanovski had also then submitted that he could prove that he is a beneficiary of the Estate, because he is the grandchild of the Deceased’s aunt Dosta, through his father, who was Dosta’s son. Mr. Stepanovski accepted that this would make his father a first cousin of the Deceased and that he would be a first cousin of the Deceased, once removed. However, Mr. Stepanovski disagreed that the Deceased’s first cousins would be entitled to share in the Estate ahead of first cousins once removed. He submitted that the “international” law of intestate succession applies to the Estate, with the result that first cousins and first cousins once removed would rank equally.
The Applicant’s Evidence relating to kinship
[29] The applicant swore three affidavits in support of her application, one on each of April 6, 2021, June 29, 2021, and August 19, 2021.
[30] In her affidavit sworn April 6, 2021, the applicant deposed as follows:
(a) In or around June 2018, with the assistance of his lawyer, and prior to making his application for a Certificate of Appointment of Estate Trustee without a Will, Anthony contacted Estate Research Genealogy Matters (“ERGM”) in the United Kingdom to do some genealogical research in Greece, and to provide a full family tree in respect of his family.
(b) Her counsel advised her that “due to European Union laws governing privacy and the protection of personal information, ERGM and its researchers were unable to conduct a search of the public records in Greece, even with the signed and authenticated authorization” signed by her late father Anthony (the “Authorization”).
(c) Having researched family records, and consulted with extended family and relatives, including Mrs. Johnson and Mrs. Johnson’s daughter Carmen Lowe, Anthony and she concluded that the Deceased’s next of kin were Anthony and his sister Mrs. Johnson, being the only first cousins of the Deceased who survived the Deceased.
(d) The applicant described: “My Immediate Family” as follows:
(i) [Anthony] was born in Canada on September 29, 1924, and at the time of his death resided om [sic] Angus, Ontario.
(ii) The Deceased, [Anthony] and [Mrs. Johnson] shared common grandparents, Kote Saros and Triantafylla Saros. Between the years 1880 and 1910, Kote Saros and Triantafylla Saros had five daughters, Stella, Mitra, Tena (also known as Tina), Coteva and Dosta.
(iii) Kote, Triantafylla, and their five daughters (my grandmother and her four sisters) were born in or around the town presently known as Antartiko, which today is located in the region of West Macedonia, Greece.
(iv) Kote and Triantafylla’s daughter Stella Stoyan (née Saros) was my grandmother. She was born in 1892 and married my grandfather Petre Turpchella in about the year 1907. My grandparents had two children in Antartiko before immigrating to Canada, my aunt Christina born in 1909 and my uncle Lasro born in 1915.
(v) In 1914, my grandfather Petre immigrated to Canada. On arrival in Canada, he took his father’s first name, “Stoyan”, as his last name. After the end of World War I, and once my grandfather had raised enough money to pay for their immigration costs, my grandmother Stella, and her children (my uncle and aunt) Christina and Lasro followed my grandfather and moved to Canada in 1922.
(vi) After my grandmother Stella immigrated to Canada, her and my grandfather had three more children, my aunt Rose born in 1923, my father [Anthony] born in 1924, and my aunt [Mrs. Johnson] born in 1927.
(vii) My aunt [Mrs. Johnson] is the only surviving child of Stella.
(viii) My aunt Christina passed away in 2003. She married a gentleman named John Evans in about the year 1926. They had three children named Francis, Alec, and Helen.
(ix) My uncle Lasro passed away in 2010. His partner was named Pauline, and to the best of my knowledge and belief, they married in about the year 1945. They had 4 children named Jim Stoyan, Tom Stoyan, Donna Stoyan and Robert Stoyan.
(x) My aunt Rose passed away in 2016. She had married a gentleman named Ken Magnus in about the year 1946. They had one child named Steven Magnus. Rose’s marriage to Ken eventually broke down, and at some point, during the 1980s, Rose found a new partner, a gentleman named John Klein. To the best of my knowledge and belief, Rose and John were spouses of each other. Rose and John had no children together.
(xi) My father [Anthony] married my mother Margaret Ruth Stoyan (née Gardiner) on September 28, 1946. Together they had four children, Jewel Stoyan, David Stoyan, myself, and John Stoyan.
(xii) My aunt Doris Johnson (née Stoyan) married a gentleman named Sam Johnson. Together they had two children named Carmen Johnson and Bryon Johnson. Unfortunately, both my uncle Sam Johnson and my cousin Bryon Johnson have passed away.
(e) The applicant described the “Remaining Saros Sisters” as follows:
(i) My grandaunt Mitra Poutsougas (née Saros) married Spiro Poutsougas in Toronto. They had no children together.
(ii) Mitra Poutsougas passed away in Toronto on March 4, 1986. [Proof of Death Certification for Mitra Poutsougas attached showing her date of death and naming the Deceased Ted Moiseas as her next of kin.]
(iii) My grandaunts Coteva Saros and Dosta Saro never immigrated to Canada. I do not remember ever personally meeting them and to the best of my knowledge and belief, I have never personally met them or their families, if any.
(iv) While my father [Anthony] was alive, and especially during his administration of the Estate, we discussed my grandaunts Coteva Saros and Dosta Saro and whether they had any children. My father advised me, and I verily believe that he never personally met Coteva Saros or Dosta Saro and did not know if they ever had any children.
(f) Anthony told her that he had travelled to Antartiko, Greece once in 1997, and to the Republic of Macedonia once in 2007, and that he visited with a number of family members, but that he had never met his aunts Coteva or Dosta, or any of their children. Anthony also told her that Coteva Saros and Dosta Saro did not immigrate to Canada as their sisters had, and he did not know whether they had had children.
[31] Mrs. Johnson also swore an affidavit on April 6, 2021. Her evidence is virtually identical in substance to the applicant’s with respect to the “Immediate Family”, and the alleged sisters of Stella Stoyan, alleged to be the Deceased’s aunts and mother.
[32] Mrs. Johnson’s daughter Carmen Lowe also swore an affidavit on April 6, 2021 in which she swore that she had reviewed the applicant’s affidavit sworn April 6, 2021 and believed it to be true and correct.
[33] Neither the applicant nor Mrs. Johnson attached any documentary evidence in support of the facts they allege with respect to the Deceased’s alleged relatives (other than his spouse Irena, and his son William), apart from a copy of Anthony’s driver’s licence; Anthony’s Proof of Death Certificate; an excerpt from the Canadian Passport of Tena Moiseas (née Saro) issued May 27, 1976, showing her birthdate: 05 FEB 1903 and birthplace: Antartikon Greece; an excerpt from the Canadian Passport of Triantafylla Tena Mitkos (née Saro), issued on August 30, 1983, showing her birthdate: 1903-02-05 and her birthplace: Trigono, Greece; a Government of Canada Certificate of Canadian Citizenship card for Tena Moiseas, showing her birthdate: 05 02 03; a document written in what appears to be Greek (including a photograph of a woman), dated 1945 or 1946, which the applicant deposed is Tena Moiseas’ Greek passport; a copy of the Death Certificate of Tena Moiseas; and a copy of the Proof of Death of Mitra Poutsougas.
[34] In her affidavit sworn August 19, 2021, the applicant deposed that her paternal grandmother was Stella Stoyan (née Saros); and that Stella Stoyan was the sister of the Deceased’s mother Tena Moiseas, making Anthony and Mrs. Johnson first cousins of the Deceased. The applicant attached a family tree as an exhibit to her affidavit, showing not her entire family but only the relationships between family members relevant to her application. She included in the family tree Mr. Stepanovski as a potential first cousin once removed but maintained her position that Mr. Stepanovski had not proven that he is a relative of the Deceased.
[35] The applicant also attached as an exhibit a “Tree of Consanguinity”, which showed that, based on her research, Anthony and Mrs. Johnson would have four degrees of separation from the Deceased, whereas Mr. Stepanovski, would have five degrees of separation from the Deceased. She deposed that even if he could prove his kinship to the Deceased, he would not be a beneficiary of the Estate because he would rank behind first cousins of the Deceased.
[36] The applicant also attached as an exhibit a number of photographs of the Deceased and other persons alleged to be relatives of the Deceased onto which she had added labels showing the names of the persons in the photographs. There were no dates on any of the photographs.
[37] The applicant also attached documents as exhibits to her August 19, 2021 affidavit, which she deposed that she had obtained from public and private records. She deposed that these documents proved that her grandmother was Stella Stoyan (née Saro) and that Stella Stoyan was a sister of the Deceased’s mother. Where there were discrepancies in the documents, the applicant deposed that she had provided an explanation in her affidavit.
The Documentary Evidence relating to Stella Stoyan
[38] The first set of documents adduced by the applicant as part of her August 19, 2021 affidavit relate to the Deceased’s mother Tena Moiseas’ death. They include a copy of an obituary for Tena (Tina) Moiseas published by the Toronto Star on September 7, 1985 (“Tena’s obituary”), and a clipping of the same that the applicant deposed her family had clipped from the Toronto Star at the time of Tena’s death. Tena’s obituary refers to Tena’s sisters as “Stefana Trepchela”, “Dosta Stepanowska”, and “Mitra Poutsougas.” Though hearsay, the applicant deposed that her counsel told her that he had contacted the funeral home that handled Tena’s funeral arrangements and staff there confirmed that the Deceased had provided all of Tena’s personal information collected by the funeral home under the Ontario Vital Statistics Act. The documents also include a document from the Newediuk Funeral Home that handled the funeral arrangements for Tena, which the applicant described as a “Statement of Death” (“Tena’s Statement of Death”) that shows Tena’s father as “Kote Saroe” and her mother as “Dosta - Unknown [maiden name]”).
[39] The second set of documents includes a copy of an obituary for Mitra Poutsougas, which the applicant deposed that her family had clipped from the newspaper at the time of publication on March 6, 1986 (“Mitra’s obituary”), and a Proof of Death Certification for Mitra Poutsougas. The latter shows the Deceased as Ms. Poutsougas’ next of kin. The funeral arrangements for her were handled by Newediuk Funeral Home as well. Mitra’s obituary refers to Mitra Poutsougas’ sisters as “Stefana Trepchela”, “Dosta Stepanowska”, the late “Tina Moiseas and Vasilka Nitscopoulou.”
[40] The third set of documents includes the marriage certificates of Anthony Stoyan and Leslie Stoyan. The applicant deposed that Anthony’s marriage certificate shows Anthony’s father (her grandfather) to be “Peter Stoyan” and her grandmother, “using her maiden name” as “Stella Koteff.” She also deposed that her uncle Leslie Stoyan signed the certificate as one of the two witnesses. The applicant further deposed that she believed that her “grandmother’s maiden name is shown in this document as ‘Koteff’ because my grandmother incorrectly translated ‘maiden name’ to mean ‘father’s name’ and her father’s first name was ‘Kote.’”
[41] The applicant deposed that she had obtained her uncle Leslie Stoyan’s marriage certificate from Ancestry.ca. She deposed that the marriage certificate lists Leslie’s mother (her grandmother) using her maiden name as “Stefana Sarova”, and Leslie’s father (her grandfather) as “Peter Stoyanoff.” The applicant further deposed that she believed that her “grandmother’s name was correctly shown on the certificate as “Sarova” because Leslie was married in a Macedonian Orthodox Church, and so the person who completed the certificate was likely able to communicate with my grandmother in her native tongue of Macedonian.”
[42] The fourth set of documents are birth records for Anthony and Mrs. Johnson. Regarding the birth record for Anthony, the applicant deposed that she had obtained from the Registrar General of Ontario a certified registration of birth for her father Anthony (“Anthony’s Birth Record”). She further deposed that the document lists Anthony’s mother (her grandmother) as “Stephena Stoyan” and Anthony’s father (her grandfather) as Petro Stoyan. The applicant deposed that she believed that her “grandmother’s maiden name was incorrectly included on this document as “Stoyan” because her grandmother would not have understood that she was supposed to state her maiden name and not her married name.”
[43] The applicant deposed that the birth certificate with parental information for Mrs. Johnson shows Mrs. Johnson’s mother, using her maiden name as “Stephana Kota”, and her father as “Peter Stoyan.” The applicant deposed that her “grandmother’s maiden name appeared in this document as “Kota” because, again, her grandmother would have incorrectly translated “maiden name” to mean “father’s name”, and because her father’s name was “Kote.”
Issues
[44] The issues in this matter are:
(1) Is Stella Stoyan the sister of the Deceased’s mother Tena Moiseas?
(2) Should the Deceased’s estate be distributed in accordance with the rules of intestate succession as set out in Part II of the SLRA?
(3) Should the Court declare, by way of a Benjamin Order, that heirs who would take on the Deceased’s intestacy, who cannot be located, or whose death cannot be confirmed by a death certificate, have predeceased the Deceased?
(4) Should Toni Stoyan be appointed as the succeeding Estate Trustee without a Will of the Deceased’s estate?
Law
[45] Subsection 47(6) of the SLRA provides as follows respecting the next of kin of a Deceased person:
Where a person dies intestate in respect of property and there is no surviving spouse, issue, parent, brother, sister, nephew or niece, the property shall be distributed among the next of kin of equal degree of consanguinity to the intestate equally without representation.
[46] Subsection 47(8) of the SLRA provides as follows respecting degrees of kindred:
For the purposes of subsection (6), degrees of kindred shall be computed by counting upward from the deceased to the nearest common ancestor and then downward to the relative, and the kindred of the half-blood shall inherit equally with those of the whole-blood in the same degree.
Analysis
[47] Based on their own research, Anthony and the applicant concluded that the Deceased, Anthony, and Mrs. Johnson were first cousins who shared common grandparents, Kote Saros and Triantafylla Saros. The applicant asserts that the Deceased’s mother Tena (Tina) Moiseas and Stella Stoyan, the alleged mother of Anthony and Mrs. Johnson were sisters, making Anthony and Mrs. Johnson first cousins of the Deceased. The applicant relies on the documentary evidence attached to her affidavit of August 21, 2021 as proof. Based on this evidence, the applicant concludes that Stella Stoyan is one and the same person as Stefana Trepchela/Turpchula/Turpchella, also known as Stefana Sarova, also known as Stefana Saroe, also known as Stephena Stoyan, also known as Stephana Kota, and also known as Stella Koteff. I am not persuaded. The record generally, and the documentary evidence, specifically, do not support the applicant’s theory or conclusion. There are a number of inconsistencies and gaps in the applicant’s evidence and analysis. Her conclusions are not corroborated by any disinterested person.
[48] The narrative as told by the applicant in her sworn testimony can be summarized as follows. Between 1880 and 1910, Kote Saros and Triantafylla Saros had five daughters: Stella, Mitra, Tena (also known as Tina) Coteva and Dosta (though, I note that the Table of Consanguinity attached to the applicant’s affidavit of August 21, 2021 makes no mention of Coteva, but does mention Vasilka). The five daughters were all born in or around the town of Antartiko, now located in the region of West Macedonia, Greece. The applicant’s grandmother, Stella Stoyan (née Saros) was born in 1892 (though Anthony’s Authorization to the ERGM states that his mother, Stella Stoyan, was born about 1896) and married the applicant’s grandfather Petre Turpchella in or about 1907. Anthony’s parents (Stella and Petre) had two children before immigrating to Canada: Christina born in 1909 and Lasro born in 1915. In 1914, Petre immigrated to Canada and took on his father’s first name “Stoyan” as his new surname. Stella and her two children followed after World War I. Following Stella’s arrival in Canada, Stella and Petre had three more children: Rose (in 1923), Anthony (in 1924) and Mrs. Johnson (in 1927). (I note that no birth records are provided for any of Christina, Laslo or Rose.) Christina died in 2003, Lasro died in 2010, Rose died in 2016, and Anthony died on January 7, 2021. (I note that no death certificates or obituaries are provided for any of Christina, Laslo or Rose). With respect to the applicant’s four “grandaunts”, Mitra, Tena, Coteva and Dosta, the applicant says that Mitra Poutsougas (née Saros), the Deceased’s aunt, had no children and died on March 4, 1986. The applicant has no information on Coteva Saros and Dosta Saros, their spouses, or their next of kin, and says that her father told her that they never immigrated to Canada and that he did not know if they had any children.
[49] Regarding the Deceased’s family, the applicant deposed that he was born in or around Antartiko in 1931, and he and his mother Tena Moiseas (née Saros) immigrated to Canada in 1945. The applicant deposed that she had no knowledge of the whereabouts of the Deceased’s father other than Mrs. Johnson’s evidence that he did not immigrate with Tena and the Deceased, and that Mrs. Johnson did not know what had happened to him. The Deceased’s spouse and only son predeceased him, and the Deceased died on December 13, 2017.
1. Is Stella Stoyan the sister of the Deceased’s mother Tena Moiseas?
[50] I have reviewed the documentary evidence on which the applicant relies to conclude that the Deceased’s mother Tena Moiseas and the applicant’s grandmother Stella Stoyan were sisters and considered it in the context of the applicant’s sworn testimony. The applicant’s conclusion that Tena Moiseas and Stella Stoyan were sisters relies substantially on her theory that Stella Stoyan’s first language was Macedonian and that if she was asked, in Canada, to provide her maiden name for official records containing vital statistics, she would supply her father’s first name or a variation of it, and that it was only if she were asked by a Macedonian-speaking person that she would understand what “maiden name” meant, and then she would supply the correct name. I reject the applicant’s theory and her evidence on this point. Quite apart from the applicant’s evidence on Stella Stoyan’s maiden name, the applicant’s evidence on Stella Stoyan, generally, is not convincing, and is unsupported by documentary evidence.
[51] To begin, there is no documentary evidence to support the applicant’s claim that Kote Saros and Triantafylla Saros had five daughters, one of whom was Stella Stoyan. Frankly, there is no evidence that Kote Saros and Triantafylla Saros had any children together. Tena’s Statement of Death suggests that her father was Kote Saroe and that her mother’s first name was Dosta, not Triantafylla.
[52] Anthony and the applicant engaged ERGM in the United Kingdom to do genealogy research in Greece to create a family tree showing Anthony’s ancestors. The applicant deposed that “due to privacy restrictions the researcher was unable to complete the search.” However, a review of the correspondence between the applicant’s counsel and ERGM does not support that conclusion.
[53] Based on the record, ERGM required authorization from a family member in order to access the birth, marriage, and death records in Greece. Anthony signed the Authorization on August 8, 2018 in which he, as the “son of Petre Stoyan and Stella Stoyan born about 1896 in Antartiko Florina” requested that the researchers “identify/locate all my relatives connected to me either by blood or in law with any degree of kinship.” In October 2018, ERGM reported that their researchers in Greece had advised that owing to new General Data Protection Regulation (GDPR) regulations, it would be impossible to undertake the search remotely. Further, ERGM required a fresh authorization from Anthony because the one he had signed and sent had different wording than the authorization ERGM had sent to him for signature originally. Specifically, the “maiden name of [his] mother” was part of the original draft, but not part of the document Anthony signed. A new draft was sent for Anthony’s signature, re-worded in a way that ERGM said would allow the researchers to gain access to the records needed. ERGM confirmed that maiden name information was needed, especially with the changes on the GDPR, and that the more data they had, the better for the progression of the research. ERGM confirmed that their researchers would need to travel to local registries in person to have any real success. ERGM also attempted to work with local researchers in Greece to contact a church in Antartiko, Greece, for permission to search for birth and death records, but reported that they were unsuccessful in their attempts to communicate with church staff.
[54] There is no evidence to show that Anthony provided ERGM with a signed re-worded authorization that would have permitted ERGM to conduct a genealogical search into Anthony’s ancestry.
[55] Absent any professional genealogical data to support her claim, the applicant relies on hearsay evidence from Anthony, and Mrs. Johnson’s evidence about their family history. The applicant adduced limited and select documentary evidence in her effort to show that Stella Stoyan, the mother of Anthony and Mrs. Johnson, was also the aunt of the Deceased. She seeks to prove that the said mother and the said aunt shared the same maiden name: Saros, or Saroe, or Sarova. On this point, I note that there is no document in evidence on which the name “Stella Saros”, or “Stella Saroe”, or “Stella Sarova” appears.
[56] The best evidence regarding whether Tena Moiseas had a sister named Stella Stoyan is found in Tena’s obituary, Mitra’s obituary, and on Tena’s Statement of Death. On Tena’s Statement of Death, Tena’s father’s name appears as Kote Saroe. Her mother’s name is shown as “Dosta (unknown).” Ted Moiseas is described as Tena’s “son.” The Statement of Death also shows that Tena died on September 5, 1985 and was born on February 5, 1903. This information is consistent with the information on Tena’s Canadian Passports and her Certificate of Canadian Citizenship. Tena’s obituary states she was the widow of the late Christo Moiseas, the mother of Ted [the Deceased] and his wife Irena, and the grandmother of William. Tena is also described as the “[d]ear sister of Stefana Trepchela, Dosta Stepanowska and Mitra Poutsougas.” Tena’s obituary suggests she had three sisters, Stefana Trepchela, Dosta and Mitra.
[57] Mitra’s obituary states that Mitra died on March 4, 1986. In her obituary, she is described as the “sister of Stefana Trepchela, Dosta Stepanowska” and the “late Tina Moiseas and Vasilka Nitscopoulou.” Mitra’s obituary is the only evidence to suggest that Tena had a sister named Vasilka Nitscopoulou, who predeceased Mitra. The applicant included Vasilka Nitscopoulou on the Table of Consanguinity submitted as part of her evidence, without any explanation. She also did not include Coteva on the Table of Consanguinity, without any explanation, even though she had earlier deposed that the Deceased’s mother had a sister in Macedonia named Coteva who did not emigrate to Canada.
[58] While not as persuasive as government-issued records, Tena’s obituary and Mitra’s obituary are helpful. Based on this evidence, it appears that the Deceased had an aunt Stefana Trepchela who would have been approximately 94 years of age when Mitra died in 1986 (based on the applicant’s testimony on Stefana/Stella’s year of birth), or 90 years of age (based on Stefana/Stella’s year of birth as set out in Anthony’s Authorization). There is no mention in either obituary of a sister named Stella Stoyan.
[59] However, the applicant asserts that Stefana Trepchela, who appears in both obituaries is in fact Stella Stoyan. The applicant’s evidence is that when Stefana’s husband Petre Turpchella immigrated to Canada in 1915, he changed his surname to Stoyan, his father’s first name. There is no documentary evidence in support of this alleged name change. Frankly, there is no documentary evidence whatsoever with respect to Petre Trepchela or Petre Turpchella or Peter Stoyan - not a birth certificate, marriage certificate, a Greek passport, Canadian immigration papers, a Certificate of Canadian Citizenship, a Canadian Passport, death certificate, or an obituary. In fact, there is no evidence that he has died. I find it surprising that neither Anthony nor Mrs. Johnson, who claim that Petre Trepchela, also known as Petre Turpchella, and also known as Peter Stoyan, was their father, would have any of this documentation, or why they would not have accessed it for the purposes of this application. If Petre Trepchela/Turpchella/Stoyan immigrated to Canada in 1915, much of this documentation would likely be accessible here in Canada.
[60] Even if Petre/Peter Trepchela/Turpchella did change his name to Peter Stoyan when he immigrated to Canada, there is no documentary evidence to show that Stefana Trepchela made the same change to her name when she came to Canada, as alleged by the applicant. In my view, it would be unusual if Stefana Trepchela had changed her surname from Trepchela to Stoyan in 1922, or sometime prior to the birth of Anthony in 1924, but she would still be referred to in Tena’s obituary in 1985 and in Mitra’s obituary in 1986 as “Stefana Trepchela.” Further, neither the applicant nor Mrs. Johnson provided any sworn evidence as to when or why Stefana may have begun using “Stella” as her first name as opposed to “Stefana.”
[61] Assuming that the applicant’s evidence on the birthdate of the Deceased’s alleged aunt Stefana Trepchela/Stella Stoyan is correct, and that she was born in 1892, then, based on the applicant’s evidence, Stefana Trepchela/Stella Stoyan would have been approximately 15 years of age when she married Petre Trepchela in about 1907. (If the year of her birth as shown in Anthony’s Authorization is correct, Stefana Trepchela/Stella Stoyan would have been 11 years of age when she married Petre Trepchela). According to the applicant’s evidence, following the marriage in about 1907, Stefana Trepchela/Stella Stoyan gave birth to her daughter Christina in 1909; and she gave birth to her son Lasro in 1915, after her husband Petre Turpchella had left for Canada in 1914. Then, according to the applicant’s evidence, Stefana Trepchela/Stella Stoyan came to Canada with Christina and Laslo in 1922 when she would have been 30 years of age (or 26 years of age if Anthony’s Authorization is correct). After arriving in Canada, Stefana Trepchela/Stella Stoyan is alleged to have had three more children, Rose in 1923 (when she would have been approximately 31 years of age); Anthony in 1924 (when she would have been approximately 32 years of age) and Doris (when she would have been approximately 35 years of age).
Anthony’s Birth Record and Mrs. Johnson’s Birth Certificate
[62] This history, as advanced by the applicant, does not, however, square with Anthony/Matody Stoyan’s Birth Record from the County of York, Division of York Township. The applicant deposed that she obtained the Birth Record from the Office of the Registrar General (Province of Ontario), which was “Certified A True Photostatic Print of a Record on August 10, 2021.” The Birth Record shows “Matody Stoyan” as having been born on September 29, 1924. This date is consistent with other documentary evidence produced by the applicant respecting Anthony’s date of birth. The Birth Record shows that Matody Stoyan was born to mother “Stephena Stoyan” and father “Petro Stoyan”. The applicant submits that “Stephena Stoyan” was entered on the Birth Record in error because “my grandmother did not understand that she was supposed to state her maiden name and not her married name.” I reject this evidence as unreliable; the applicant is merely speculating. Further, the Birth Record states that the informant was “Petro Stoyan.” I also note that the mother’s first name is “Stephena”, as opposed to “Stefana.”
[63] Leaving aside the applicant’s submission on the error in the mother’s name, there are unexplained discrepancies between the applicant’s evidence and the Birth Record. For example, the date of marriage for Anthony’s parents is shown to be November 15, 1908, whereas the applicant’s evidence is that Stefana Trepchela/Stella Stoyan and Petro Turpchella/Trepchela were married in about 1907. Further, based on the year of birth for Stefana Trepchela/Stella Stoyan as stated by the applicant, Stefana Trepchela/Stella Stoyan would have been approximately 32 years of age (or approximately 28 years of age using the birth year in Anthony’s Authorization) at the time of Anthony’s/Matody’s birth. However, the Birth Record shows the age of “Stephena Stoyan” as at her last birthday to be 39 years of age. A further question arises with respect to the number of children that Stefana Trepchela/Stella Stoyan and Petro Stoyan had, as reflected on the Birth Register. The number of living children, including Anthony/Matody appears to be “4”, though the number is unclear and looks to have been altered. However, the form also records that these parents had two children who died, in addition to their “4” living children. The applicant has provided no information with respect to the children of Stefana Trepchela/Stella Stoyan and Petro Trepchela/Stoyan who died before 1924. Mrs. Johnson, who claims to be a sibling of all of these children, made no mention in her evidence of the deceased children. I also note that the Birth Record includes a “List of Annotations” that shows that the Birth Record was amended on August 9, 2021, the day before it was issued to the applicant. The applicant does not explain what amendment was made to the Birth Record pursuant to the Vital Statistics Act, R.S.O. 1990, c. V.4, s. 3(1) the day before it was issued or why that amendment was necessary. The applicant did not provide a Province of Ontario Birth Certificate for Anthony, which could have included his parents’ names, including his mother’s maiden name.
[64] The applicant did not provide a similar Birth Record from the County of York, Division of York Township for Mrs. Johnson, who was born three years after Anthony. Instead, the applicant provided a Province of Ontario Birth Certificate, issued on August 11, 2021. The Birth Certificate shows Mrs. Johnson’s birthdate as April 23, 1927. The parental information on the Birth Certificate shows “Stephana Kota” as Mrs. Johnson’s mother and “Peter Stoyan” as her father. The applicant deposed that because Stefana Trepchela/Stella Stoyan did not speak English, again, she would likely have been confused when asked to supply her maiden name at the time of Mrs. Johnson’s birth. She would likely have interpreted “maiden name” to mean “father’s name” and therefore used a variation of “Kote” for this purpose.
Anthony’s Register of Marriage and Leslie’s Register of Marriage
[65] The applicant’s evidence includes a page from the Register of Marriages dated September 28, 1946 for the marriage of Anthony Stoyan and Margaret Ruth Gardiner. Under the “Names of Parents”, the register shows “Peter Stoyan” as Anthony’s father, and where the form stipulates that the groom’s mother’s maiden name is required, the name “Stella Koteff” is inserted. The applicant’s evidence is that her grandmother used “Koteff” because her “grandmother incorrectly translated ‘maiden name’ to mean ‘father’s name’ and her father’s name was ‘Kote.’”
[66] The applicant also adduced a copy of the Certificate of Marriage for Leslie Stoyan and Thelma Geleff, dated September 12, 1938. Leslie Stoyan is alleged to be one and the same as the Laslo Stoyan, allegedly born to Stefana Trepchela/Stella Stoyan in Macedonia in 1915. The applicant has not provided any documentation or other evidence in support of her position that Laslo Trepchela/Stoyan and Leslie Stoyan are one and the same person, or when or why Laslo may have changed his first name to Leslie. The marriage of Leslie Stoyan to Thelma Geleff is somewhat at odds with the applicant’s evidence, and Mrs. Johnson’s evidence, that Leslie’s partner was Pauline, whom he married in 1945, and with whom he had four children. In the sworn evidence of each of the applicant and of Mrs. Johnson, neither deponent mentioned anything about Leslie Stoyan’s marriage to Thelma Geleff in 1938, though both the applicant and Mrs. Johnson included in their evidence mention of the second marriage of another of Mrs. Johnson’s alleged siblings, Rose.
[67] On the assumption that Laslo Stoyan and Leslie Stoyan are one and the same person, and the son of Stefana Trepchela/Stella Stoyan, and that he was married to Thelma Geleff before he was married to Pauline, his Certificate of Marriage shows the name of the bridegroom’s father to be “Peter Stoyanoff”, and the maiden name of the bridegroom’s mother to be “Stefana Sarova.” The applicant submits that here, “my grandmother’s maiden name was correctly stated on the certificate as ‘Sarova’ because Leslie was married in a Macedonian Orthodox Church, and so the person who completed the certificate was likely able to communicate with my grandmother in her native tongue of Macedonian.”
[68] I reject the applicant’s theory that Stefana Trepchela/Stella Stoyan supplied “Koteff”, a variation of her father’s first name, as her maiden name on Anthony Stoyan’s Marriage Certificate because she made an error in translation, confusing “maiden name” with “father’s name.” I also reject the applicant’s theory that she did not make the same error with respect to Leslie’s Marriage Certificate, because in that case she would likely have been communicating with someone at the Macedonian Orthodox Church who could communicate with her in her native tongue. There is no evidence to suggest that Stefana Trepchela/Stella Stoyan had any involvement in supplying information to complete the Marriage Certificates of her alleged sons, nor is there any reason to think her participation would be required in this administrative task. It is more likely than not that Stefana Trepchela/Stella Stoyan would have had no role to play in providing information about the bride and the groom and their respective parents to the clergyman or person solemnizing their marriage, and who ultimately certified the marriage. On a balance of probabilities, I find that Anthony Stoyan would have supplied his mother’s maiden name, “Stella Koteff”, for his Marriage Certificate when he got married in 1946, and that Leslie Stoyan would have provided his mother’s maiden name “Stefana Sarova” for his Marriage Certificate when he got married in 1938.
[69] If Anthony’s mother’s maiden name was “Koteff”, or something similar, then it would not be surprising that Mrs. Johnson’s Province of Ontario Birth Certificate would show her mother’s maiden name as “Kota”, which is similar to “Koteff.” The applicant’s explanation that her grandmother used “Kota” because she incorrectly translated “maiden name” to mean “father’s name”, and her father’s first name was “Kote” is not credible.
[70] Perhaps the most vexing question with respect to the evidence in this matter is this - why is there not a shred of documentary evidence with respect to Stefana Trepchela/Stella Stoyan’s vital statistics? She is alleged to be the grandmother of the applicant and the mother of Mrs. Johnson. Yet, neither of them has produced a birth certificate, a marriage certificate, immigration papers, a Certificate of Canadian Citizenship, a Landed Immigrant card, a Greek or Canadian passport, a death certificate (or even a date of death, if indeed she has died), or an obituary. The applicant alleges that Stefana Trepchela/Stella Stoyan immigrated to Canada in 1922, and there is no evidence that she left Canada. Accordingly, it is likely that there would be government documentation in Canada regarding Stefana Trepchela/Stella Stoyan’s status and vital statistics. It is difficult to comprehend why her daughter, Mrs. Johnson, would not be in a position to access that information.
[71] It is also curious that the applicant’s family clipped the obituaries for their “grandaunts” Mitra and Tena but have no obituary to show for their grandmother’s death. Her obituary would likely have listed her husband, her children and any child who predeceased her, as well as her siblings. That information would have been very helpful in determining whether Stella Stoyan was the sister of Tena Moiseas and whether Anthony and Mrs. Johnson are first cousins of the Deceased. Unfortunately, that evidence is not before the court.
[72] Based on the evidentiary record, I cannot conclude that Anthony and Mrs. Johnson are first cousins of the Deceased because I cannot conclude that their mother was a sister of Tena Moiseas or an aunt of the Deceased. On a balance of probabilities, I find it more likely than not that the mother of Anthony Stoyan and Mrs. Johnson was Stella Stoyan whose maiden name was Stella/Stephana/Stephena Koteff or Kota (or a variation of that name), who was not the sister of Tena or an aunt of the Deceased. It is more likely than not that Tena had a sister, and the Deceased had an aunt, Stefana Trepchela, whose maiden name was Stefana Sarova or Saroe (or a variation of that name).
2. Should the Deceased’s estate be distributed in accordance with the rules of intestate succession as set out in Part II of the SLRA?
[73] Based on the record before the court, the Estate should be distributed in accordance with the rules of intestate succession as set out in Part II of the SLRA. The Deceased was domiciled and died in Ontario. There is no evidence to suggest that he owned any assets outside of Ontario. An application for a Certificate of Appointment of Estate Trustee without a Will was made in Ontario, and a Certificate of Appointment of Estate Trustee without a Will was issued out of this court.
3. Should the court declare, by way of a Benjamin Order, that heirs who would take on the Deceased’s intestacy, who cannot be located, or whose death cannot be confirmed by a death certificate, have predeceased the Deceased?
[74] It would be premature at this point in the proceeding for the court to declare, by way of a Benjamin Order, that any potential heir of the Estate, who would take on an intestacy, has predeceased the Deceased. In my view, there remain many unanswered questions respecting the Deceased’s next of kin and rightful heirs to the Estate. This is not surprising given that there has been no proper tracing of the Deceased’s genealogy. For example, reasonable efforts will need to be made to ascertain whether the Deceased’s son William died leaving issue who survived him; whether the Deceased’s father survived the Deceased; who the Deceased’s aunts and uncles are and whether any of them survived the Deceased; and who the children of the Deceased’s aunts and uncles are and whether any of them survived the Deceased. This information, to the extent it can be found, will be of great assistance in determining the rightful heirs of the Estate.
4. Should the applicant Toni Stoyan be appointed as the succeeding Estate Trustee without a Will of the Deceased’s estate?
[75] The applicant Toni Stoyan has not succeeded in proving that her late father Anthony or her aunt Mrs. Johnson is next of kin of the Deceased. The next of kin of the Deceased, or a majority of such of them as are resident in Ontario, if any, will be permitted to select the successor Estate Trustee, or a successor Estate Trustee may be appointed by this court: Estates Act, R.S.O. 1990, c. E.21, s. 29 and Trustee Act, R.S.O. 1990, c. T.23, s. 5.
Disposition
[76] The applicant’s application is dismissed.
[77] The late Anthony Stoyan, through his legal representative(s), is hereby ordered to file an application to pass his accounts regarding the administration of the Estate of Thiodore Moiseas, also known as Tracios Moiseas, also known as Teddy Moiseas, also known as Ted Moiseas, for the period from November 8, 2018 to January 7, 2021. Such application shall be brought within 90 days of the date of these reasons for decision. The respondents on such application shall include the Office of the Children’s Lawyer on behalf of all unascertained beneficiaries of the Estate.
[78] The late Anthony Stoyan, through his legal representative(s), shall within 30 days of these reasons for decision arrange to pay into this court, to the Accountant of the Superior Court of Justice, all funds in the care, custody and control of the late Anthony Stoyan or his estate, which are the property of the Estate of Thiodore Moiseas, also known as Tracios Moiseas, also known as Teddy Moiseas, also known as Ted Moiseas, including, without limitation, the proceeds of sale from the sale of the Deceased’s residence in the City of Toronto.
Dietrich J.
Released: November 16, 2021
COURT FILE NO.: CV-21-660158-00ES
DATE: 20211116
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Toni Stoyan
Applicant
– and –
Doris Johnson and Toni Stoyan
Respondents
REASONS FOR DECISION
Dietrich J.
Released: November 16, 2021