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Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


41375

Mohini Persaud v. Estate of Rita Persaud

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2025-06-16 Close file on Leave
2025-06-16 Correspondence (sent by the Court) to, all parties:
Re: Nothing further
2025-04-07 Correspondence (sent by the Court) to, all parties by e-mail
2025-04-07 Reconsideration not accepted for filing
2025-03-10 Response to motion for reconsideration of the application for leave to appeal, Completed on: 2025-03-11 Estate of Rita Persaud
2025-03-07 Letter acknowledging receipt of a complete motion for reconsideration
2025-02-18 Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2025-03-03 Mohini Persaud
2025-01-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-01-16 Judgment on leave sent to the parties
2025-01-16 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the order of the Court of Appeal for Ontario, Number COA-23-CV-0291, dated January 30, 2024, is quashed pursuant to s. 44 of the Supreme Court Act.
Quashed
2025-01-16 Decision on motion to extend time to file and /or serve the leave application, See decision on application
2025-01-14 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2025-01-21) Mohini Persaud
2025-01-14 Motion to extend time, (Book Form), 21 volumes
to file a reply and for a default judgment. , Completed on: 2025-01-14, (Printed version due on 2025-01-21)
Mohini Persaud
2024-12-02 All materials on application for leave submitted to the Judges, for consideration by the Court
2024-12-02 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2024-08-30 Certificate (on limitations to public access), (Letter Form), Form 23A
Amended version required, (Printed version due on 2024-09-09)
Estate of Rita Persaud
2024-08-30 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-08-30, (Printed version due on 2024-09-09) Estate of Rita Persaud
2024-08-07 Letter advising parties of an incomplete application for leave to appeal, FILE OPENED
2024-04-24 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2024-04-24 Mohini Persaud
2024-04-24 Certificate (on limitations to public access), (Letter Form), Form 23A Mohini Persaud
2024-04-24 Application for leave to appeal, (Book Form), Missing:
- Proof of service (Rec'd Aug 21, 2024)
, Completed on: 2024-09-23
Mohini Persaud

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

Main parties - Appellants
Name Role Status
Persaud, Mohini Applicant Active

v.

Main parties - Respondents
Name Role Status
Estate of Rita Persaud Respondent Active

Counsel

Party: Persaud, Mohini

This party is not represented by counsel.

Party: Estate of Rita Persaud

Counsel
Names
David Wagner
Jason Moore
Contact information
Wagner Sidlofsky LLP
400 University Avenue, Suite # 1600
Toronto, Ontario
M5G 1S5
Telephone: (416) 366-6743
FAX: (416) 364-6579
Email: dwagner@wagnersidlofsky.com

Summary

Keywords

Wills and estates — Administration of estates — Litigation administration — Applicant sought to remove litigation administrator in ongoing litigation by the estate — Court deciding that relief sought had already been received, relief had become irrelevant with passage of time, or it was relief that litigation administrator was not authorized to give — Whether application for leave to appeal raises issue of public importance.<br>

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.

This case stems from proceedings related to the property of the late Rita Persaud that arose out of an action she commenced prior to her death. The applicant brought an application seeking an order to remove the Litigation Administrator and other orders relating to the administration of the estate. Subsequently, the Litigation Administrator settled the action.

The Ontario Superior Court of Justice dismissed the application, holding that the applicant had already received the relief sought in her Notice of Application, the relief had become irrelevant with the passage of time, or it was relief that the Litigation Administrator was not authorized to give or pursue.

The Registrar of the Ontario Court of Appeal dismissed the appeal for delay, as the applicant had not perfected the appeal.

Lower court rulings

July 18, 2023
Ontario Superior Court of Justice

2023 ONSC 4155

Applicant’s application for the removal of the litigation administrator dismissed

January 30, 2024
Court of Appeal for Ontario

COA-23-CV-0291

Appeal dismissed for delay

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 613‑996‑7933 or at 1‑888‑551‑1185.

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

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 613‑996‑7933 or at 1‑888‑551‑1185.

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

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 613‑996‑7933 or at 1‑888‑551‑1185.

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

Webcasts

Not available.

Date modified: 2025-06-25