Court of Appeal for Ontario

Fieldhouse v. National Trust Company

Date: 2000-11-09

John Weingust, Q.C., for the plaintiffs/appellants;

John V. Kranjc (Leggat, Baldwin, Kees-man & Dixon), for the defendant/respondent.

(C31873)

[1] By the Court: The appellant essentially seeks to have the court retry the case, which we cannot do. We are satisfied from the trial judge's review of the evidence relating to testamentary capacity undue influence and "suspicious circumstances" shows no palpable or overriding error which would justify our interference.

[2] The appeal is dismissed with costs on a party and party basis.

Appeal dismissed.