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September 7, 2011

Decision rendered in an Estate Dispute matter in which Jason Kwiatkowski, CA, CBV, ASA, CEPA testified as an expert witness in business valuation and economic damages quantification.

Norma Irene Jacque v. The Canada Trust Company, Executor and Trustee of the Estate of Norman Otto Hipel, deceased et al

Jason testified on behalf of the Defendants (The Canada Trust Company, now TD) and their legal counsel (Ross F. Earnshaw of Gowlings LLP).

Excerpts from Reasons for Judgment:

“Platintiff’s claim is dismissed on the basis of the tolling of the applicable limitation period and both types of laches.”

“There are a considerable number of assumptions made by the plaintiff’s expert that I do not accept as being reasonable.”

“Based upon what evidence I do have, I am prepared to assess damages at a figure that is closer to that of the defence expert than that of the plaintiff.”

http://www.canlii.org/en/on/onsc/doc/2011/2011onsc5259/2011onsc5259.html

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