Court of Appeal for Ontario

CITATION: Pope Estate v. Pope Estate, 2013 ONCA 611

DATE: 20131008

DOCKET: C56667

Laskin, Rosenberg and Pepall JJ.A.

BETWEEN

Robert Pope, as Executor of the Estate of Frederick Pope and Attorney for Property of Frederick Pope

Appellant

and

Janice Cronin, as Executor of the Estate of Frederick Pope and Attorney for Property of Frederick Pope and John Peoples, as Executor of the Estate of Frederick Pope

Respondents

William C. McDowell and Jonathan Erik Laxer, for the appellant

Jeanie DeMarco, for the respondents

Heard and released orally: September 20, 2013

On appeal from the judgment of Justice Kenneth E. Pedlar of the Superior Court of Justice, dated November 13, 2012.

ENDORSEMENT

[1] The parties proceeded in accordance with the agreement that they reached, as reflected in the special case. We are not persuaded that we should interfere with their agreement.

[2] The agreement entitles the appellant to a review of the decision of the majority executors. Accordingly, the jurisdiction of the court is not ousted. It will be up to the judge hearing the review application to decide whether to implement the parties’ agreement (see para. 5 of Justice Pedlar’s reasons) that the review be on a standard of reasonableness or whether another standard ought to be applied to the issues raised.

[3] Accordingly, the appeal is dismissed. The costs of the appeal on a partial indemnity basis in the amount of $15,000 all in, is payable by the appellant out of his share of the estate. A further $30,000 is payable out of the residue of the estate. The Royal Bank of Canada is authorized to pay these costs and the costs order of Pedlar J. out of the estate accounts it is holding.

“J.I. Laskin J.A.”

“M. Rosenberg J.A.”

“S.E. Pepall J.A.”