Facts:
Angela Sebanc passed away on February 26, 2017 and was survived by her five children, including Victor and Peter Sebanc.
Victor (the “Plaintiff”), acting in his capacity as an executor of Angela’s estate, sought an accounting from his brother, Peter, to illustrate the administration of assets of Angela’s estate. The Plaintiff also sought a declaration that Angela’s estate had an interest in 1101 Old Perry Road in Mississauga, and damages for the misappropriation of assets belonging to Angela or her estate.
Peter and his wife (the “Defendants”) sought for an order dismissing the action for delay, to discharge a certificate of pending litigation (“CPL”), and to obtain security for costs.
In 2019, the parties attended mediation in an attempt to settle the above noted issues. However, they were unable to do so successfully. In subsequent years, there were several delays, prolonging the action. These delays occurred for various reasons. There were court shut downs as a result of the COVID-19 pandemic in 2020,2 and parental leaves within the Plaintiff’s legal team throughout 2021 and 2022 which interfered with scheduling examinations for discovery.3 Once examinations were scheduled in 2022, they were then cancelled because of an error in the notice given to the Defendants, further stalling the action.4
It was based on these numerous delays that the Defendants sought dismissal of the claim. They mentioned the long periods of inactivity and alleged loss of evidence during that time period. However, the Superior Court found that despite these delays in proceedings, the Defendants failed to attend any of the scheduled examinations and did not provide the necessary documentation in order for the action to proceed.
Justice Bloom therefore concluded that the Defendants had not successfully proven their case and a dismissal of the action based on delay is not warranted. Justice Bloom reasons that the delays experienced were not intentional or contumelious. The court also mentions that the delays were not unreasonable or inexcusable having regard to the defaults of the Defendants in their documentation production and failure to attend examinations.5
This decision in Estate of Angela Sebanc v. Peter Sebanc provides important insight into the courts perspective on significant delays in litigation proceedings. Allowing the action to continue despite the continued postponements illustrates the importance that the court places on having a fair trial. By comparing the Plaintiff’s delays to the Defendants defaults, the court also emphasizes the gravity of fulfilling obligations such as attending required appearances and producing the necessary documentation.
This blog was co-authored by summer law student Adriana Piccolo.
[1] 2024 ONSC 2652 [Estate of Angela Sebanc].
[2] Estate of Angela Sebanc, supra note 1 at para 9.
[3] Ibid at para 17.
[4] Ibid at para 18.
[5] Ibid para 30.
