Court File and Parties

CITATION: Susin v. Susin, 2008 ONCA 448

DATE: 20080606

DOCKET: C47484

COURT OF APPEAL FOR ONTARIO

FELDMAN, LANG and EPSTEIN JJ.A.

BETWEEN:

JOHN SUSIN

Applicant (Appellant)

and

FERMINO SUSIN, DORINO SUSIN, AMITA RAHMAN, DIANNE SUSIN, SISTER STELLA MARIE, GLORIA DEVENZ, ESTHER SUSIN and THERESA LENSBORN

Respondents (Respondents)

AND BETWEEN:

FERMINO SUSIN

Applicant (Respondent)

and

DORINO SUSIN, JOHN SUSIN AMITA RAHMAN, DIANNE SUSIN, SISTER STELLA MARIE, GLORIA DEVENZ, ESTHER SUSIN and THERESA LENSBORN

Appellants

Counsel:

Luigi De Lisio for the appellants Marc DiGirolamo for the respondent Fermino Susin Gloria DeVenz in person

Heard and endorsed: June 3, 2008

On appeal from the order of Justice J.R.H. Turnbull of the Superior Court of Justice dated June 28, 2007.

APPEAL BOOK ENDORSEMENT

[1] The trial judge gave sufficient reasons for his decision to remove and replace one executor, Mr. Dorino Susin, replacing him with Mr. Rahman, and not to remove and replace Mr. Fermino Susin. We see nor error in his reasoning or his conclusion. The costs award to the trustee was also appropriate in the circumstances. The appeal is therefore dismissed.

[2] Costs of $3,500 inclusive of disbursements and G.S.T. payable by the appellant.