Newman v. Winberg

Newman v. Winberg

The Court upheld the trial judge's finding that any breach of trust occurred on or after April 22, 1993 and that there was no evidentiary foundation to assess damages for the earlier period, so the claim for $41,000 was dismissed; however, the Court found no legal or procedural basis for the trial judge's $6,900 award to the respondent and deleted that part of the judgment, allowing the appeal in part.

Citation
C28854
Parties
Applicant/appellant: Dawn Newman formerly known as Dawn Logan; Respondent/respondent in Appeal: Ralph Winberg, Personal Representative of the Estate of William Foote
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
11 August 1999
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part: dismissal of damages claim affirmed; award of $6,900 vacated and paragraph 2 of the trial judgment deleted; no costs of the appeal awarded.
Legal Topics
Breach of Trust, Damages, Procedural Fairness, Costs
Source Language
English
Trusts Civil Procedure Appeal Breach of Trust Damages Procedural Fairness Costs

Case Brief

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Parties

Dawn Newman formerly known as Dawn Logan

Applicant/appellant

Ralph Winberg, Personal Representative of the Estate of William Foote

Respondent/respondent in Appeal

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trustee breached fiduciary duties and timing of any breach
  2. 2 Whether there was evidentiary foundation to assess damages for the claimed period
  3. 3 Whether the trial judge could properly award a debt not pleaded against the appellant

Ratio Decidendi

The Court upheld the trial judge's finding that any breach of trust occurred on or after April 22, 1993 and that there was no evidentiary foundation to assess damages for the earlier period, so the claim for $41,000 was dismissed; however, the Court found no legal or procedural basis for the trial judge's $6,900 award to the respondent and deleted that part of the judgment, allowing the appeal in part.

Court Disposition

Appeal allowed in part: dismissal of damages claim affirmed; award of $6,900 vacated and paragraph 2 of the trial judgment deleted; no costs of the appeal awarded.

Orders

  • Delete paragraph 2 of the trial judgment awarding $6,900 to the respondent
  • Dismissal of the appellant's claim for $41,000 for breach of trust affirmed