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
Source-derived case record
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the appeal had merit
- 2 Whether the motion judge erred in law or mixed fact and law
- 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
Full Case Text
Judgment text and source record
1 paragraphs
Brillinger v. Ministry of Attorney General (Office of the Public Guardian and Trustee) Collection Decisions of the Court of Appeal Date 2009-01-08 Neutral citation 2009 ONCA 14 Docket numbers C48085 Judges Laskin, John Ivan; MacPherson, James C.; Armstrong, Robert Patrick Subject Civil Decision Content CITATION: Brillinger v. Ministry of Attorney General (Office of the Public Guardian and Trustee), 2009 ONCA 14 DATE: 20090108 DOCKET: C48085 COURT OF APPEAL FOR ONTARIO Laskin, MacPherson and Armstrong JJ.A. BETWEEN Stephen Brillinger Applicant (Respondent) and Mary Catherine Brillinger-Cain and The Office of the Public Guardian and Trustee Respondents (Respondent) and Carolyn Brillinger-Assaf and William Assaf Respondents (Appellants) Elizabeth Ennis, as agent for the appellants Scott A. Rosen, for the respondent, Stephen Brillinger No one appearing for the respondent, The Office of the Public Guardian and Trustee Heard: January 6, 2009 On appeal from the order of Justice Beth A. Allen of the Superior Court of Justice, dated November 29, 2007. APPEAL BOOK ENDORSEMENT [1] There is no merit to this appeal. We agree with the reasons of the motion judge. [2] The appeal is dismissed with costs fixed in the amount of $4,217.63.