Court of Appeal for Ontario

Citation: Hedican v. Hedican, 2015 ONCA 43 Date: 2015-01-23 Docket: C59176

Before: Feldman, Cronk and Hourigan JJ.A.

Between:

Edward J. Hedican Respondent (Applicant)

and

William S. Hedican Appellant (Respondent)

Counsel: William S. Hedican, appearing in person Morris J. Holervich, for the respondent, by teleconference John Hedican, on his own behalf, by teleconference

Heard and released orally: January 21, 2015

On appeal from the order of Justice F.B. Fitzpartick of the Superior Court of Justice, dated July 8, 2014.

ENDORSEMENT

[1] The appellant appeared in person on this appeal. The respondent executor appeared through counsel by telephone in Thunder Bay. The third heir, John Hedican, also attended by telephone from Thunder Bay.

[2] The appellant agreed to the terms of the settlement before Fitzpatrick J. in December, 2013 and again he affirmed that settlement before Fitzpatrick J. in July, 2014. That settlement was incorporated into the order under appeal. Furthermore, there appears to be nothing unconscionable about the agreement based on the record before us. There is no basis to interfere with the order under appeal.

[3] The appeal is therefore dismissed. No costs requested.

"K. Feldman J.A." "E.A. Cronk J.A." "C.W. Hourigan J.A."