DATE: 20060523

DOCKET: C43890

COURT OF APPEAL FOR ONTARIO

RE:

SANDRA MCDONALD (COUPLAND) (Applicant/Respondent in Appeal) –and- DIANE THIBIDEAU, LOUANNE PALMER and JOHN COUPLAND, Executors and Trustees under the last Will and testament of ALBERT JOHN COUPLAND, Deceased (Respondents/Appellants in Appeal)

BEFORE:

DOHERTY, LANG AND JURIANSZ JJ.A.

COUNSEL:

Michael Stratton

for the appellant

M. Kenneth Douglas

for the respondent

HEARD & ENDORSED:

May 19, 2006

On appeal from the judgment of Justice C. Anne Tucker of the Superior Court of Justice dated June 20, 2005 made at Welland, Ontario.

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

[1] We are satisfied that this court has jurisdiction to hear this appeal since it is one from a final order made under r. 74.15 and r. 74.16 dealing with the passing of accounts taken pursuant to powers of attorney.

[2] On the merits of the appeal, the evidence clearly supported the finding of the motion judge that the respondent wife had satisfactorily accounted to the husband during his lifetime for all transactions she executed pursuant to the two specific powers of attorney. Indeed, the appellant fairly concedes that there was evidence to support that finding. In our view, the motion judge was also entitled to her finding that the husband was both entitled to and did bestow gifts on the respondent wife.

[3] It follows that there is no basis for us to interfere with the motion judge’s decision. The appeal is accordingly dismissed.

[4] Costs of this appeal are to the respondent fixed at $6,000 inclusive of GST and disbursements and payable from the appellants’ share as beneficiaries of the estate.