2 total
Costs order varied to dismiss both the appeal and cross-appeal without costs.
The appellant made written submissions regarding costs following the court's reasons dated December 22, 2000.
The Court of Appeal agreed with the appellant's submissions and varied the previous order to provide that both the appeal and cross-appeal be dismissed without costs.
Appeal and cross-appeal dismissed in estate loan dispute.
The appellant sought repayment of two alleged loans said to have been made to the deceased and challenged the dismissal of one loan claim and the rejection of personal liability against the executrix.
The respondents cross-appealed the judgment granted on the larger loan.
The court deferred to the trial judge's factual findings, holding that the 20,000 DM loan was not proven while the 27,618 DM loan was adequately established against the estate.
The court also rejected personal liability theories based on plene administravit, devastavit, and s. 53 of the Trustee Act, finding no prejudice from the pleading amendment, no wrongful estate dissipation, and no basis to raise a new argument for the first time on appeal.
