Spetifore (Trustees of) v. S. Spetifore & Sons Ltd.

The appeal was dismissed because the appellants failed to demonstrate any error in the learned trial judge's reasons; the trial judge's judgment is therefore affirmed.

Citation: 1999 BCCA 158
Parties: Plaintiff (respondent): Frederick Samuel Spetifore, Executor and Trustee under the Last Will and Testament of Oliver Spetifore, deceased; Plaintiff (respondent): Gordon Richard Spetifore, Executor and Trustee under the Last Will and Testament of Oliver Spetifore, deceased; Defendant (appellant): S. Spetifore and Sons Ltd.; Defendant (appellant): George Spetifore
Court: British Columbia Court of Appeal
Jurisdiction: Canada
Judgment Date: 5 March 1999
Procedural Posture: Civil Appeal / Judgment (oral Reasons)
Outcome: Appeal dismissed
Legal Topics: Executor and Trustee Dispute, Judicial Review of Trial Judgment, Costs
Source Language: English

Trusts and Estates Civil Procedure Appeal Executor and Trustee Dispute Judicial Review of Trial Judgment Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Party arguments 2

Parties

Frederick Samuel Spetifore, Executor and Trustee under the Last Will and Testament of Oliver Spetifore, deceased

Plaintiff (respondent)

Gordon Richard Spetifore, Executor and Trustee under the Last Will and Testament of Oliver Spetifore, deceased

Plaintiff (respondent)

S. Spetifore and Sons Ltd.

Defendant (appellant)

George Spetifore

Defendant (appellant)

Procedural Posture

Civil Appeal / Judgment (oral Reasons)

Legal Issues

1 Whether the trial judge made errors of law or fact warranting appellate intervention
2 Entitlement to costs following the appeal

Ratio Decidendi

The appeal was dismissed because the appellants failed to demonstrate any error in the learned trial judge's reasons; the trial judge's judgment is therefore affirmed.

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Costs to follow the event; judgment of the trial judge affirmed