Court File and Parties
COURT FILE NO.: CV-19-3851 (Brampton) DATE: 20230413 ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
Joginder Bajwa, by her litigation guardian, The Public Guardian and Trustee Plaintiff
-and-
Raman Singh, Rajinder Singh and Kulminder Kahlon Defendants
Counsel: M. Ng, for the plaintiff / PGT J.S. Chahal, for the defendants
Heard: April 13, 2023 by videoconference
Justice R. Chown
Endorsement
1The PGT on behalf of the plaintiff decided to proceed with its motion to “re-open” this case but only for the limited purpose of providing additional argument on an issue that it felt was not addressed at the trial: the presumption of resulting trust.
2In light of the finding that the plaintiff did not have the capacity to give instructions, and given the limited nature of the “re-opening” of the case, and given that I see no prejudice to the defendants to allowing additional argument, I will allow the parties to provide additional written argument on the presumption of resulting trust.
3PGT to file by April 24, 2023. Defendants by May 1, 2023. Reply by May 5, 2023.
4Thereafter I will make my decision on the trial and release my reasons as soon as I am able to do so.
Chown J.
Released: 2023-Apr-13