2013 ONSC 4812, 2013 ONSC 4812
Opinion
CITATION : Villa v. Villa, 2013 ONSC 4812 COURT FILE NO.: 06-005/12 DATE: 20130726 SUPERIOR COURT OF JUSTICE - ONTARIO RE: RENZO VILLA, Applicant AND: CRESCENZO A. VILLA also known as ENZO VILLA, Respondent BEFORE: B. P. O’Marra J. COUNSEL: Renzo Villa , self represented Applicant Ian K. Latimer , for the Respondent order [ 1 ] The parties are brothers. Their mother Emilia Villa died on March 4, 2011 at the age of 91.
Since her death the two brothers have engaged in rancorous litigation and minimal communication. [ 2 ] On December 22, 2011 Enzo Villa filed an application to pass accounts for Emilia Villa for the period April 16, 2007 to March 4, 2011. This was based on a continuing power of attorney dated April 16, 2007.
Renzo Villa was represented by counsel and the contested application was set for May 29, 2012. [ 3 ] On May 17, 2012 Renzo Villa, without counsel and without notice, obtained an Order from Justice Chapnick requiring Enzo Villa to either accept or refuse an appointment as estate trustee of a will of Emilia Villa dated January 20, 1989. Justice Chapnick was not informed of the following: (
a) the contested passing of accounts application set for May 29, 2012; and (
b) a subsequent will of Emilia Villa dated June 11, 1994. [ 4 ] Enzo Villa received a copy of the Order on May 31, 2012. [ 5 ] On June 11, 2012 Justice Lederer ordered that the Order dated May 17, 2012 be stayed until further order of the court. [ 6 ] The Order dated March 17, 2012 was without notice and there was material non-disclosure by Renzo Villa. [ 7 ] The Order dated May 17, 2012 is set aside. Renzo Villa is ordered to pay costs fixed in the amount of $3,000 within 30 days. B. P. O’Marra J. Date: July 26, 2013
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