Court of Appeal for Ontario

Date: 2022-05-02 Docket: C69580

Benotto, Miller and Copeland JJ.A.

Between

Frank Sasso Applicant (Respondent)

and

Raffaele Sasso Respondent (Appellant)

And Between

Raffaele Sasso Applicant (Appellant)

and

Frank Sasso Respondent (Respondent)

Counsel: Peter B. Cozzi, for the appellant Amanda Bettencourt and Jessica Karjanmaa, for the respondent

Heard: April 27, 2022 by video conference

On appeal from the order of Justice Bernadette Dietrich of the Superior Court of Justice dated May 11, 2021, with reasons reported at 2021 ONSC 3259.

Reasons for Decision

[1] The appellant has not raised or established any palpable or overriding errors in the application judge’s findings of fact or her application of the law to the facts. Her determination that there was a conflict of interest preventing the appellant from continuing as estate trustee was firmly grounded in the evidence. So too was her determination of the appellant’s claim for compensation.

[2] The appeal is dismissed with costs fixed in the amount of $15,000 inclusive of HST and disbursements.

“M.L. Benotto J.A.”

“B. Miller J.A.”

“J. Copeland J.A.”