DATE: 20031117
DOCKET: C39006
COURT OF APPEAL FOR ONTARIO
RE:
BEVERLEY RUSLING (Applicant/Appellant) v. LINDA FAIRBAIRN-HATNEAN IN HER CAPACITY AS ESTATE TRUSTEE FOR THE LATE NELLIE MAY FAIRBAIRN (Respondent/Respondent)
BEFORE:
O'CONNOR A.C.J.O., CATZMAN and DOHERTY JJ.A.
COUNSEL:
Dawn Melville for the appellant
Steven Bezaire for the respondent
HEARD & ENDORSED:
November 13, 2003
On appeal from the judgments of Justice E. Ducharme of the Superior Court of Justice dated September 24, 2002 and October 22, 2002.
APPEAL BOOK ENDORSEMENT
1Ducharme J. made two important findings of fact. First, when the appellant executed the October 2000 document, she intended to release her mother's estate. Second, Ducharme J. found that the respondent, who was not cross-examined on her affidavit, "engaged in no improper or unlawful purpose in the exercise of her duties as estate trustee".
2There was ample evidence to support each of those findings of fact. There is no dispute that the appellant had the relevant estate records at the time she signed the October 2000 documents and she made no objection until over a year later.
3The appeal is, therefore, dismissed.
4Costs to the respondent are fixed in the amount of $3,500, inclusive of GST and disbursements.