NOTICE OF PENDING LIMITATION PERIOD
Potential claimants should be aware that the two (2) year limitation period to commence a claim against the Estate of Paul Zigomanis expired on April 20, 2017 (which is two years from the date of the explosion at 3356 Brimley Road on April 20, 2015). If you wish to pursue a claim against the Estate of Paul Zigomanis, you should do the following:
a) Contact the Estate Trustee During Litigation (the “ETDL”) to provide notice and a copy of the draft claim. By Order of the Superior Court of Justice, all claimants are stayed from commencing a claim against the Estate of Paul Zigomanis without leave of the Court or the written consent of the ETDL. Once notified of the claim, the ETDL will review the draft claim and, on condition that no action other than filing the claim with the court is taken, the ETDL will provide written consent to file the claim. This will preserve your rights pursuant to the Limitations Act, 2002, SO, 2002, c 24 Sch B; and
b) File a Notice of Action or Statement of Claim with the Superior Court of Justice on or before April 20, 2017. Potential claimants are advised to contact the ETDL or its counsel, Bennett Jones to deal with this matter in a timely manner well before April 20, 2017. Contact details for each are as follows:
- ETDL – Peter Crawley (416) 496-3507 or firstname.lastname@example.org
- Bennett Jones – Grace McKeown (416) 777-5493 or email@example.com
Potential claimants should be aware that on expiry of the limitation period, your right to sue may be extinguished.
This notice does not constitute legal advice or other professional advice and potential stakeholders and claimants may
wish to consult their own legal advisors.
THE MOTION REFERENCED BELOW THAT WAS TO BE HEARD ON JUNE 27, 2016
WAS ADJOURNED TO OCTOBER 18, 2016
(AND FURTHER RESCHEDULED TO JANUARY 10, 2017)
(AND FURTHER RESCHEDULED TO MAY 24, 2017)
(AND FURTHER RESCHEDULED TO AUGUST 15, 2017)
Second Supplemental Court Report dated May 17, 2017
Court File No. 05-145-15
SUPERIOR COURT OF JUSTICE
IN THE MATTER OF THE ESTATE OF PAUL ZIGOMANIS, deceased
RE: PAUL ZIGOMANIS AND 3356 BRIMLEY ROAD EXPLOSION
The purpose of this Notice
Paul Zigomanis died in the explosion of 3356 Brimley Road on April 20, 2015. This Notice has been prepared for anyone affected by the explosion.
On October 14, 2015, Jonathan Cooperman was appointed by the Court to be the Estate Trustee During Litigation (the “Trustee”) regarding the death of Mr. Zigomanis, his estate and the explosion.
On June 27, 2016 at 10:00 am, the Trustee will make a motion to a judge at 330 University Ave., Toronto, Ontario.
What is the motion about?
The motion is for the following:
a) An order declaring that the property municipally known as 3356 Brimley Road, Scarborough, Ontario (the “Brimley House“), and registered on title in the names of John and Mary Zigomanis, was and has been held in trust for Paul Zigomanis (“Paul“) since August 1, 1996.
b) An order declaring that title to the Brimley House be transferred to the Trustee of Paul’s Estate effective January 1, 2015, being the day following the death of his father, John Zigomanis.
c) Such further and other relief as the Honourable Court considers just.
If you have a claim, a potential claim or other interest regarding the death of Mr. Zigomanis or 3356 Brimley, this Motion might affect you.
A copy of the full Notice of Motion and the Motion Record can be dowloaded using the links below.
What are your options?
You are not required to do anything. However, if you are affected by the motion you have the right to participate in the court hearing. You also have the right to make written submissions that will be considered by the Court. If you (or your lawyer) wish to comment on, or make an objection to the above relief sought, you must deliver a written submission to Farber, at the address listed above, by June 21, 2016 but no later than June 24, 2016. Farber will forward all such submissions to the Court.
Dated at Toronto, Ontario this 11th day of May, 2016
150 York Street, Suite 1600
Toronto, ON M5H 3S5
Attention: Annette Chopowick
The purpose of this website is to provide documents to any interested persons regarding this proceeding. The documents listed below are in in pdf format and can be viewed and/or downloaded. Please feel free to return to this website periodically for future updates on the status of these proceedings. Additional information and documents will be posted as they become available.
August 15, 2017 Motion Materials (formerly June 27, 2016, October 18, 2016, January 10, 2017 and May 24, 2017)
Important Notice Page dated May 11, 2016
Notice of Motion dated May 11, 2016
Complete Motion Record dated May 13, 2016 (includes the Notice of Motion and the Second Report) – Part 1 of 2
Complete Motion Record dated May 13, 2016 (includes the Notice of Motion and the Second Report) – Part 2 of 2
Second Report of the Estate Trustee During Litigation dated May 11, 2016
Second Report of the Estate Trustee During Litigation dated May 11, 2016 – Appendices
Supplemental Report to the Second Report of the Estate Trustee During Litigation dated October 14, 2016
Amended Factum of the Moving Party dated February 10, 2017
Book of Authorities of the Moving Party dated February 10, 2017
Factum of Certas Home and Auto Insurance Company dated January 4, 2017
Amended Factum of Certas, et al dated May 15 2017
Second Supplemental Report to the Second Report of the Estate Trustee During Litigation dated May 17, 2017
Court Orders and Endorsements
Appointment Order of Justice Conway dated October 14, 2015
Service Approval Order of Justice Penny dated March 9, 2016
Endorsement of Justice Conway dated June 27, 2016
Order of Justice Wilton-Siegel dated January 10, 2017
Reasons for Decision of Justice Spies dated November 17, 2017