DATE: 20050329

DOCKET: C42295

COURT OF APPEAL FOR ONTARIO

RE:

ROBERT DAVID HARDING and GEORGE ARTHUR HARDING (Plaintiffs/Respondent) v. LINDA McLEOD and EVELYN MAY HARDING (Defendants/Appellant)

BEFORE:

DOHERTY, SHARPE and ARMSTRONG JJ.A.

COUNSEL:

Wallace A.W. Scott, Q.C.

for the appellant McLeod

Scott Turton

for the respondent

HEARD & ENDORSED:

March 23, 2005

On appeal from the judgment Justice Joan L. Lax of the Superior Court of Justice dated July 16, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] The outcome of this trial turned largely on the trial judge’s findings of fact relating to the 1995 trust agreement and the purported 1998 transfer. We cannot agree that those findings are based on any misapprehension of the evidence or any failure to consider relevant evidence. We cannot agree that the extract from Ms. Formica’s evidence relied on by the appellant is so significant that the trial judge was compelled to advert to it in her reasons. That evidence, while relevant to the mother’s capacity to transfer the property in 1998, paled next to the powerful evidence of the solicitor and doctor relied on by the trial judge.

[2] There is no basis upon which we can interfere with the findings of fact at trial. The appeal is dismissed with costs to the respondent in the amount of $7,195.00, inclusive of GST and disbursements.