COURT OF APPEAL FOR ONTARIO
RE:
JOHN BORLASE WARREN and GERTRUDE MARIAN WARREN (Plaintiffs) (Respondents) – and – JAMES RANDALL WARREN (Defendant) (Appellant) – and – HEATHER ANNE WARREN, as Executor of the ESTATE OF ROBERT BORLASE WARREN and HEATHER ANNE WARREN (Defendants) (Respondents)
BEFORE:
LASKIN, GOUDGE and FELDMAN JJ.A.
COUNSEL:
William J. Leslie
for the appellant James Randall Warren
Michael M. Miller,
for the respondent Heather Anne Warren
Timothy G. Anderson,
for the respondent John Borlase Warren
HEARD & ENDORSED:
September 29, 2003
On appeal from the order of Justice Robert N. Weakes of the Superior Court of Justice dated March 7, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We are not persuaded that the application judge erred in the exercise of his discretion in ordering a sale.
2Accordingly the appeal is dismissed with costs to the respondents fixed in the amount of $7,500, inclusive of disbursements and G.S.T.