Background

• Parties: James Pushie (Plaintiff) and Carmela Guidarelli (Defendant).
• Dispute: Ownership interest in 54 Gertrude Street, Hamilton, purchased in 2013 while the parties were in a romantic relationship.
• Plaintiff’s Claim: Constructive/resulting trust based on mortgage payments, financial contributions, and renovations, seeking a share in the property’s appreciation or sale.
• Defendant’s Position: Denies plaintiff’s financial contributions, maintains sole possession, and claims his funds were not an investment.

Procedural History

• 2016: Case filed as an application.
• 2021: Dismissed without oral evidence by Skarica J.
• 2022: Divisional Court (Emery J.) overturned the dismissal, ordered a full trial with affidavits treated as pleadings and prior cross-examinations as discovery.
• 2023-2024: Delays due to scheduling, lack of judges, and counsel availability.

Key Issues & Court Rulings

1. Admissibility of Evidence

   • Plaintiff’s May 17, 2021 affidavit was previously ruled inadmissible but may be introduced at trial subject to relevance and admissibility determined by the trial judge.
   • Parties have ongoing disclosure obligations under Rule 30.02.

2. Privilege & Settlement Communications

   • Alleged privileged text messages and solicitor-client communications will be assessed at trial.

3. Amendment of Pleadings

   • Plaintiff’s amendments clarify claims and add an alternative damages claim.
   • Defendant’s objection based on prejudice was dismissed as no significant prejudice was proven.

Court Orders

• Defendant must disclose documents within 30 days; discovery to be completed in 90 days.
• Expert reports permitted (deadlines set).
• Trial judge will rule on admissibility of evidence and privilege claims.
• Plaintiff granted leave to amend pleadings.

Costs

• No damages or final monetary awards were granted in this decision.