Court of Appeal for Ontario

Citation: Sheldrake v. Sheldrake, 2009 ONCA 58

Date: 20090121

Docket: C48283

Judges: O’Connor A.C.J.O., Goudge and Juriansz JJ.A.

Between:

Margaret Georgina Sheldrake

Defendant (Appellant)

and

Douglas Kelley Sheldrake

Plaintiff (Respondent)

Counsel:

M. John Ewart and Kourtney O’Dwyer, for the appellant

Gordon Wood, for the respondent

Heard: January 20, 2009

On appeal from the judgment of Justice A. Panet of the Superior Court of Justice, dated January 3, 2008.

APPEAL BOOK ENDORSEMENT

[1] The evidence of the respondent was uncontradicted and accepted by the trial judge. The trial judge’s finding that the work performed by the respondent was referable to the oral agreement that the appellant would transfer the properties to him was supported by the evidence. We see no basis to interfere.

[2] The appeal is dismissed.

[3] Costs to the respondent in the amount of $10,000, inclusive of GST and disbursements.