Kew Estate v. Konarski

Kew Estate v. Konarski

The court upheld the trial judge's exercise of discretion: damages for the converted and damaged Corvette were properly assessed on a cost-of-restoration basis rather than being limited to market value at date of conversion given the vehicle's uniqueness, the insufficiency of comparable replacements, and the estate's bona fide intention to restore at the time of trial; the trial judge did not err in rejecting the referee's report and conducting a de novo damages assessment; aggravated damages were properly awarded and were not a disguised punitive award; fresh evidence was inadmissible and the appeal was dismissed.

Citation
2025 ONCA 357
Parties
Plaintiff (respondent): Charlene Marie Kew, Estate Trustee during litigation for the Estate of Robert Thomas Kew, deceased; Defendant (appellant): Steve Konarski
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
9 May 2025
Procedural Posture
Civil (conversion and Detinue; Damages) / Appeal to Court of Appeal After Trial Judgment and Reference
Outcome
Motion to adduce fresh evidence dismissed; appeal dismissed; leave to appeal costs dismissed; trial judgment affirmed
Legal Topics
Conversion, Detinue, Measure of Damages, Aggravated Damages, Reference to Referee, Fresh Evidence, Costs
Source Language
English
Tort Property Civil Procedure Estates Law Damages Conversion Detinue Measure of Damages +4 more

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Parties

Charlene Marie Kew, Estate Trustee during litigation for the Estate of Robert Thomas Kew, deceased

Plaintiff (respondent)

Steve Konarski

Defendant (appellant)

Procedural Posture

Civil (conversion and Detinue; Damages) / Appeal to Court of Appeal After Trial Judgment and Reference

Legal Issues

  1. 1 Whether damages should be assessed on cost of restoration or market value at date of conversion
  2. 2 Whether fresh evidence should be admitted on appeal
  3. 3 Whether the referee exceeded jurisdiction and whether trial judge properly rejected referee's report

Ratio Decidendi

The court upheld the trial judge's exercise of discretion: damages for the converted and damaged Corvette were properly assessed on a cost-of-restoration basis rather than being limited to market value at date of conversion given the vehicle's uniqueness, the insufficiency of comparable replacements, and the estate's bona fide intention to restore at the time of trial; the trial judge did not err in rejecting the referee's report and conducting a de novo damages assessment; aggravated damages were properly awarded and were not a disguised punitive award; fresh evidence was inadmissible and the appeal was dismissed.

Court Disposition

Motion to adduce fresh evidence dismissed; appeal dismissed; leave to appeal costs dismissed; trial judgment affirmed

Orders

  • Appeal dismissed
  • Motion for leave to introduce fresh evidence dismissed