Cain v. Harnett, 2023 ONSC 1019

CITATION: Cain v. Harnett, 2023 ONSC 1019

DIVISIONAL COURT FILE NO: 22-632-ML

DATE: 20230216

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: VALERIE CAIN and CHRISTOPHER HARNETT in their capacities as Co-Estate Trustee of the Estate of Dr. Barrie Erroyl Harnett, Applicants/Responding Parties

AND: CAROL HARNETT (a.k.a. CAROLYN WU, CAROLINE WU, CAROLINE HARNETT and CAROLYN HARNETT) in her personal capacity and in her capacity as co-Estate Trustee of the Estate of Dr. Barrie Erroyl Harnett, Respondent/Moving Party

AND: CAROLINE HARNETT (also known as Carol Harnett nee Wu) in her personal capacity and in her capacity as Estate Trustee of Dr. Barrie Erroyl Harnett, Applicant/Moving Party

AND: CHRISTOPHER HARNETT and VALERIE CAIN, personally and in their capacity as Estate Trustee of the Estate of Dr. Barrie Erroyl Harnett, RYAN CAIN And THE CHILDREN’S LAWYER, Respondents/Responding Parties

BEFORE: D.L. Corbett, Lederer and Charney JJ.

COUNSEL: Melanie Yach and Stacey Blydorp, for the Applicants/Responding Parties

Caroline Abela and Nadia Chiesa, for the Applicant/Moving Party

Danielle R. Joel and Ziad Yehia, for the Office of the Children’s Lawyer

Kelly A. Charlebois, for the Estate Trustee During Litigation, Scotiatrust

HEARD: In writing

ENDORSEMENT

[1] The motion for leave to appeal the order of Dietrich J. (2022 ONSC 5868) is dismissed, with costs payable within thirty days by the moving parties of $5,000 inclusive to the respondent Office of the Children’s Lawyer and $5,000 inclusive to the respondents Cain and Harnett.

"D.L. Corbett J."

"Lederer J."

"Charney J."

Released: February 16, 2023