Case information
Consult our database for details on a Supreme Court of Canada case.
40661
George Bitaxis v. Steve Dimakarakos, in his capacity as named estate trustee of the estate of Theoni Bitaxis
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-08-10 | Close file on Leave | |
| 2023-08-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-08-10 | Judgment on leave sent to the parties | |
| 2023-08-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-22-CV-0009, 2023 ONCA 66, dated January 24, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2023-07-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-04-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-04-21, (Printed version filed on 2023-04-21) | George Bitaxis |
| 2023-04-12 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2023-04-19) | Steve Dimakarakos, in his capacity as named estate trustee of the estate of Theoni Bitaxis |
| 2023-04-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-05-03, (Printed version filed on 2023-04-12) | Steve Dimakarakos, in his capacity as named estate trustee of the estate of Theoni Bitaxis |
| 2023-03-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened 30-03-2023 | |
| 2023-03-23 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2023-03-23) | George Bitaxis |
| 2023-03-23 | Application for leave to appeal, (Book Form), -Missing CA order; received order form. Estimate as to when the formal order will be available: April 14th 2023. On may 10,2023: The order is still under review. (rec'd 2023-05-25), Completed on: 2023-05-25, (Printed version filed on 2023-03-23) | George Bitaxis |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Bitaxis, George | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Steve Dimakarakos, in his capacity as named estate trustee of the estate of Theoni Bitaxis | Respondent | Active |
Counsel
Party: Bitaxis, George
Counsel
Suzana Popovic-Montag
Nick Esterbauer
Mark Lahn
141 Adelaide Street West
Suite 1700
Toronto, Ontario
M5H 3L5
Telephone: (416) 369-1140
FAX: (416) 369-1517
Email: ihull@hullandhull.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Steve Dimakarakos, in his capacity as named estate trustee of the estate of Theoni Bitaxis
Counsel
80 Richmond Street West, Suite 804
Toronto, Ontario
M5H 2A4
Telephone: (416) 583-3730
Email: Ben@arkinfurrow.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Wills and estates — Wills — Validity — Applicant beneficiary of estate challenging validity of most recent iteration of deceased’s will — Application judge granting respondent’s request to vacate applicant’s objection to will and appointing respondent as sole estate trustee — Court of Appeal unanimously upholding application judge’s decision — Whether and how courts can ensure fair and reasonable process in obtaining evidence during challenge to validity of will — Whether and how courts can reconcile summary dismissal of will challenge on basis of ambiguous “minimal evidentiary threshold” with courts’ inquisitorial function in probate — What is proper procedure to allow legitimate inquiries with respect to validity of will in accordance with established principles of justice?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant sought to challenge the validity of the most recent iteration of the deceased’s will. The applicant filed a Notice of Objection to the respondent’s application to be named sole trustee of the estate pursuant to the most recent version of the will. The respondent sought an order to vacate the objection filed by the applicant.
The application judge ruled in favour of the respondent, granted his request to vacate the applicant’s objection to the will, and issued an order declaring the respondent to be the sole estate trustee. This decision was upheld by a unanimous panel of the Court of Appeal.
Lower court rulings
Ontario Superior Court of Justice
CV-21-006-73178-00ES
Application for order vacating Mr. Bitaxis’ Notice of Objection to Mr. Dimakarakos’ being appointed as estate trustee — granted; Mr. Dimakarakos is appointed sole estate trustee
Court of Appeal for Ontario
2023 ONCA 66, COA-22-CV-0009
Mr. Bitaxis’ appeal — dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available