Court of Appeal for Ontario
BEFORE: MacFarland, Hourigan and Benotto JJ.A.
BETWEEN
Frank D’Alimonte
Applicant
Respondent in appeal
and
Concetina Weber
Respondent
Appellant
COUNSEL:
Concetina Weber, acting in person
Anthony R. Leardi, for the respondent
HEARD: January 30, 2015
On appeal from the order of Justice Renee Pomerance of the Superior Court of Justice, dated February 10, 2014.
APPEAL BOOK ENDORSEMENT
1The appellant appeals the order of Pomerance J. removing her as power of attorney for property and care on behalf of her elderly mother.
2We are not prepared to interfere with the order of the application judge. She had sufficient evidence before her to support the order she made.
3Her findings were factual in nature and absent any palpable and overriding error this court will not interfere.
4Appeal is dismissed.
5Costs to the respondent fixed in the sum of $4000.00 inclusive of disbursements and HST.