Papageorgiou v. Walstaff Estate
The appeal is dismissed because the Succession Law Reform Act is clear and unambiguous and compels the outcome reached by the trial judge.
Source-derived case information.
- Citation
- 2009 ONCA 136
- Parties
- Appellant: Peter Papageorgiou; Respondent: Vikki Lyons in her capacity as the estate Trustee for the estate of Eva Walstaff
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 February 2009
- Procedural Posture
- Civil Appeal / Appeal From Superior Court Judgment (strathy J.) to the Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Succession Law Reform Act, Statutory Interpretation, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Papageorgiou
Appellant
Vikki Lyons in her capacity as the estate Trustee for the estate of Eva Walstaff
Respondent
Procedural Posture
Civil Appeal / Appeal From Superior Court Judgment (strathy J.) to the Court of Appeal
Legal Issues
- 1 Whether the Succession Law Reform Act precludes the appellant's claim
- 2 Proper interpretation of the Succession Law Reform Act (whether the statute is clear and unambiguous)
Ratio Decidendi
The appeal is dismissed because the Succession Law Reform Act is clear and unambiguous and compels the outcome reached by the trial judge.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs fixed at $5,000 inclusive of G.S.T. and disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Papageorgiou v. Walstaff Estate Collection Decisions of the Court of Appeal Date 2009-02-13 Neutral citation 2009 ONCA 136 Docket numbers C49090 Judges Rosenberg, Marc; MacPherson, James C.; Rouleau, Paul S. Subject Civil Decision Content CITATION: Papageorgiou v. Walstaff Estate, 2009 ONCA 136 DATE: 20090212 DOCKET: C49090 COURT OF APPEAL FOR ONTARIO Rosenberg, MacPherson and Rouleau JJ.A. BETWEEN: Peter Papageorgiou Appellant and Vikki Lyons in her capacity as the estate Trustee for the estate of Eva Walstaff Respondent Peter Papageorgiou, in person N. Angelini, for the respondent Heard and endorsed: February 6, 2009 On appeal from the decision of Justice George R. Strathy of the Superior Court of Justice dated June 13, 2008 APPEAL BOOK ENDORSEMENT [1] We agree with the reasons of Strathy J. The Succession Law Reform Act is clear and unambiguous. [2] The appeal is dismissed with costs fixed at $5,000 inclusive of G.S.T. and disbursements.