Court of Appeal for Ontario

CITATION: D'Alimonte v. Weber, 2015 ONCA 79

DATE: 20150205

DOCKET: C59268

BEFORE: MacFarland, Hourigan and Benotto JJ.A.

BETWEEN

Frank D’Alimonte

Applicant

Respondent in appeal

and

Concetina Weber

Respondent

Appellant

COUNSEL:

Concetina Weber, acting in person

Anthony R. Leardi, for the respondent

HEARD: January 30, 2015

On appeal from the order of Justice Renee Pomerance of the Superior Court of Justice, dated February 10, 2014.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals the order of Pomerance J. removing her as power of attorney for property and care on behalf of her elderly mother.

[2] We are not prepared to interfere with the order of the application judge. She had sufficient evidence before her to support the order she made.

[3] Her findings were factual in nature and absent any palpable and overriding error this court will not interfere.

[4] Appeal is dismissed.

[5] Costs to the respondent fixed in the sum of $4000.00 inclusive of disbursements and HST.