COURT OF APPEAL FOR ONTARIO
RE:
HEATHER BRIESE (Applicant (Appellant)) – and – NANCY SPENCER (Respondent (Respondent in Appeal))
BEFORE:
MOLDAVER, GOUDGE AND CRONK JJ.A.
COUNSEL:
Daphne Johnston
for the appellant
Bonnie R. Warkentin
for the respondent
HEARD & ENDORSED:
May 22, 2003
On appeal from the order of Justice J.D. Cunningham of the Superior Court of Justice dated November 22, 2001.
A P P E A L B O O K E N D O R S E M E N T
1The applications judge ruled that there was no conflict sufficient to warrant the removal of the respondent as executrix/trustee. On the basis of the record before him, he determined that there was no other creditor of the estate except the executrix/trustee in her capacity as residual beneficiary. We agree with his findings and conclusions, all of which were open to him based on the application and the evidence filed.
2Accordingly, the appeal is dismissed with costs payable to the respondent on a partial indemnity basis in the amount of $4000.00 inclusive of G.S.T. and disbursements.