On January 24 partner David Delagran and associate Genevieve Madill appeared in the Ontario Court of Appeal seeking to have that court uphold the trial decision in Abbruzzese v Tucci. The Court of Appeal affirmed Justice Gilmore’s judgment in which Her Honour found that the Will signed by the testator in the presence of a solicitor had been procured by undue influence.
On February 19, partner Damien Buntsma and associates Ben Markusoff and Alex Nogalo appeared in the Alberta Court of Appeal seeking to have the Court uphold the decision of the Applications Judge in Sivitilli v PesoRama Inc, 2025 ABCA 56 . In the court below, Justice Neufeld found that the client’s employment arbitration proceeding and oppression claim were not duplicative and granted the application to appoint an arbitrator. The Court of Appeal affirmed Justice Neufeld’s finding that Mr. Sivitilli’s civil action for oppression did not overlap with his arbitration claim for wrongful dismissal was reasonable.
On January 27, 2025, Shane Greaves successfully appeared for the plaintiff in a garnishment motion in the Ontario Superior Court of Justice. The plaintiff had previously obtained a $150,000 judgment against two corporate employers in a wrongful dismissal claim. At the garnishment hearing, the plaintiff sought to have the Court hold a related corporation (which holds title to the property at which the employers carried on business) also liable for the judgment. In its decision of Bahauddin v. New Lahore Tikka House et al., 2025 ONSC 637, the Court granted the relief sought and ordered the related corporation to pay the judgment debt to the plaintiff.
Shane also recently acted as trial counsel for the plaintiff in a real estate litigation case. On February 3, 2025, the Ontario Superior Court of Justice released its decision of Madison Homes v. Huang, 2025 ONSC 657 in which it granted judgment of over $322,000 to the plaintiff. It also dismissed the defendant’s counterclaim in its entirety.