Birtzu v. McCron
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Doherty, Harvison Young and Thorburn JJ.A. |
| Citation | 2019 ONCA 777 |
| Docket Number | C66048 |
| Date | 02 October 2019 |
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4 practice notes
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Court Of Appeal Summaries (September 30-October 4)
...Sched 17, s 11(2), Cannabis Licence Act, 2018, SO 2018, c 12, Sched. 2, s 48(1) and (2), General, O Reg 468/18, s 8 3(3) Birtzu v McCron, 2019 ONCA 777 Keywords: Civil Procedure, Costs, Wills and Estates, Conversion, Capacity, Undue Influence, Suspicious Circumstances, Limitation Periods, S......
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Przyk v. Hamilton Retirement Group Ltd. (The Court at Rushdale)
...is based on irrelevant factors and overlooks relevant ones: rr. 57.01(4), 57.01(2); Bell Canada, at paras. 20, 41-42; Birtzu v. McCron, 2019 ONCA 777, 438 D.L.R. (4th) 141 at paras. 10-17, [14] The trial judge cited what he termed the “normative or default approach” that costs should follow......
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Hobson v. Turner
...not punish the defendants for their misleading evidence. He referred me to the decision of the Court of Appeal in Birtzu v. McCron, 2019 ONCA 777. In this case a daughter succeeded in defending her father’s will that left his estate to her. Her brothers had attacked the will. The trial judg......
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Metropolitan Toronto Condominium Corp. No. 905 v. Davies
...instead of a ‘grocery list’ of costs factors, there should be an explanation for departing from the default rule: Birtzu v. McCron, 2019 ONCA 777, at paras. [39] In this case, the factor that overrides the default rule is found in rule 57.01(1......
4 cases
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Przyk v. Hamilton Retirement Group Ltd. (The Court at Rushdale)
...is based on irrelevant factors and overlooks relevant ones: rr. 57.01(4), 57.01(2); Bell Canada, at paras. 20, 41-42; Birtzu v. McCron, 2019 ONCA 777, 438 D.L.R. (4th) 141 at paras. 10-17, [14] The trial judge cited what he termed the “normative or default approach” that costs should follow......
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Birtzu v. McCron
...the dismissal of her brothers Julian and Valentin Birtzu’s action challenging the validity of their father’s will: Birtzu v. McCron, 2019 ONCA 777, 148 O.R. (3d) 603. This court ordered the brothers to pay $150,000 in trial costs and $10,000 in appeal [2] &......
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Hobson v. Turner
...not punish the defendants for their misleading evidence. He referred me to the decision of the Court of Appeal in Birtzu v. McCron, 2019 ONCA 777. In this case a daughter succeeded in defending her father’s will that left his estate to her. Her brothers had attacked the will. The trial judg......
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Metropolitan Toronto Condominium Corp. No. 905 v. Davies
...instead of a ‘grocery list’ of costs factors, there should be an explanation for departing from the default rule: Birtzu v. McCron, 2019 ONCA 777, at paras. [39] In this case, the factor that overrides the default rule is found in rule 57.01(1......
3 firm's commentaries
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Court Of Appeal Summaries (June 8 – June 12, 2026)
...Civil Procedure, Judgments, Enforcement, Writs of Seizure and Sale, Rules of Civil Procedure, rr. 1.03(1), 60.07, Birtzu v. McCron, 2019 ONCA 777, 148 O.R. (3d) 603 Keywords: Civil Procedure, Striking Pleadings, Appeals, Reasons for Decision, Royce Presidential Investments Inc. v. Valour Gr......
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COURT OF APPEAL SUMMARIES (JUNE 8 – JUNE 12)
...Civil Procedure, Judgments, Enforcement, Writs of Seizure and Sale, Rules of Civil Procedure, rr. 1.03(1), 60.07, Birtzu v. McCron, 2019 ONCA 777, 148 O.R. (3d) 603 Royce Presidential Investments Inc. v. Valour Group Inc., 2026 ONCA 409 Keywords: Civil Procedure, Striking Pleadings, Appeals......
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Court Of Appeal Summaries (September 30-October 4)
...Sched 17, s 11(2), Cannabis Licence Act, 2018, SO 2018, c 12, Sched. 2, s 48(1) and (2), General, O Reg 468/18, s 8 3(3) Birtzu v McCron, 2019 ONCA 777 Keywords: Civil Procedure, Costs, Wills and Estates, Conversion, Capacity, Undue Influence, Suspicious Circumstances, Limitation Periods, S......
