CITATION: Zitella v. Zitella Estate, 2010 ONCA 767

DATE: 20101115

DOCKET: C52008

COURT OF APPEAL FOR ONTARIO

Rosenberg, Moldaver and Karakatsanis JJ.A.

BETWEEN:

Maria Zitella

Applicant (Respondent in Appeal)

and

Mario Zitella, Estate Trustee for the Estate of Luigi Zitella

Respondent (Appellant)

Counsel: Ben Fortino, for the appellant Richard A. Wellenreiter, for the respondent

Heard and endorsed: November 15, 2011 On appeal from the order of Justice Richard Lococo of the Superior Court of Justice, Family Court, dated March 26, 2010

APPEAL BOOK ENDORSEMENT

[1] We have not been persuaded that the motion judge misapprehended the Minutes of Settlement.

[2] Accordingly, the appeal is dismissed with costs fixed at $5,000 inclusive of disbursements and applicable taxes.