Court of Appeal for Ontario
BEFORE: Rosenberg and Feldman JJ.A. and Swinton J.
BETWEEN
Darwin Frederick Makarchuk
Applicant (Appellant)
and
Joan Bernice Makarchuk, and the said Joan Bernice Makarchuk as Trustee of the Estate of Michael Makarchuk, and Michele Andreanna Makarchuk
Respondents (Respondent in appeal)
COUNSEL:
Constantine Tsantis, for the appellant
Douglas Kearns, for the respondent
HEARD AND ENDORSED: January 20, 2012
On appeal from the order of Justice Patricia Hennessy of the Superior Court of Justice, dated August 9, 2011.
APPEAL BOOK ENDORSEMENT
1We have not been persuaded that the application judge erred in her interpretation of the Separation Agreement. Since the deceased never revoked his will, the gift in the will to the respondent stands. Accordingly, the appeal is dismissed. The motion for fresh evidence is dismissed. The respondent is entitled to her costs fixed at $3,000 inclusive of disbursements and H.S.T.
