Brillinger v. Ministry of Attorney General (Office of the Public Guardian and Trustee)

Brillinger v. Ministry of Attorney General (Office of the Public Guardian and Trustee)

The Court found no merit in the appeal, agreed with the motion judge's reasons, and dismissed the appeal; accordingly the motion judge's decision and costs award were upheld.

Source-derived case information.

Citation
2009 ONCA 14
Parties
Applicant (respondent): Stephen Brillinger; Respondent: Mary Catherine Brillinger-Cain; Respondent: The Office of the Public Guardian and Trustee; Appellant: Carolyn Brillinger-Assaf; Appellant: William Assaf
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
8 January 2009
Procedural Posture
Civil / Appeal
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Appeal Merit, Costs
Source Language
en
Civil Guardianship/trusteeship Appeal Judicial Review Appeal Merit Costs

Source-derived case record

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Parties

Stephen Brillinger

Applicant (respondent)

Mary Catherine Brillinger-Cain

Respondent

The Office of the Public Guardian and Trustee

Respondent

Carolyn Brillinger-Assaf

Appellant

William Assaf

Appellant

Procedural Posture

Civil / Appeal

  1. 1 Whether the appeal had merit
  2. 2 Whether the motion judge erred in law or mixed fact and law
  3. 3 Whether costs should be awarded and in what amount

Ratio Decidendi

The Court found no merit in the appeal, agreed with the motion judge's reasons, and dismissed the appeal; accordingly the motion judge's decision and costs award were upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs fixed in the amount of $4,217.63