Court of Appeal for Ontario

CITATION: Makarchuk v. Makarchuk, 2012 ONCA 42

DATE: 20120123

DOCKET: C54263

BEFORE: Rosenberg and Feldman JJ.A. and Swinton J.

BETWEEN

Darwin Frederick Makarchuk

Applicant (Appellant)

and

Joan Bernice Makarchuk, and the said Joan Bernice Makarchuk as Trustee of the Estate of Michael Makarchuk, and Michele Andreanna Makarchuk

Respondents (Respondent in appeal)

COUNSEL:

Constantine Tsantis, for the appellant

Douglas Kearns, for the respondent

HEARD AND ENDORSED: January 20, 2012

On appeal from the order of Justice Patricia Hennessy of the Superior Court of Justice, dated August 9, 2011.

APPEAL BOOK ENDORSEMENT

[1] We have not been persuaded that the application judge erred in her interpretation of the Separation Agreement. Since the deceased never revoked his will, the gift in the will to the respondent stands. Accordingly, the appeal is dismissed. The motion for fresh evidence is dismissed. The respondent is entitled to her costs fixed at $3,000 inclusive of disbursements and H.S.T.