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ARTICLE · 19 MAY 2025

Court Of Appeal Summaries (May 5 – 9, 2025)

Blaney McMurtry LLP
Blaney McMurtry LLP
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In Kew Estate v. Konarski, the Court upheld a damages award to an estate after the defendant wrongfully took and dismantled a vintage Corvette with significant sentimental and collector value.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 5, 2025. This was a light week.

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In Kew Estate v. Konarski, the Court upheld a damages award to an estate after the defendant wrongfully took and dismantled a vintage Corvette with significant sentimental and collector value. The trial judge correctly applied restoration cost as the appropriate measure of damages, rather than the market value of the car at the time of the conversion and detinue. The car's uniqueness, the beneficiaries' genuine interest in restoration, and the unavailability of a suitable replacement all justified restoration cost as the correct measure of damages, even though after trial, the estate sold the remnants of the car without restoring it. The Court also confirmed that an estate can also be awarded aggravated damages for distress caused to estate trustees and beneficiaries as a result of the abuse

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