A. Mazzotta

The applicant sought an order declaring a December 2014 will as the valid last will of the deceased, and invalidating a subsequent June 2015 will propounded by the respondent.

The respondent, who was the deceased's caregiver, had drafted the June 2015 will which named her as the primary beneficiary and estate trustee.

The court found that the respondent failed to prove due execution of the June 2015 will.

Furthermore, the court found significant suspicious circumstances surrounding the preparation of the will, including the deceased's isolation, dependency on the respondent, and the respondent's unauthorized use of the deceased's funds.

The respondent failed to rebut the presumption of invalidity with corroborating evidence.

The court declared the December 2014 will valid.

The defendant brought a motion for security for costs against the plaintiff, a foreign corporation suing for an unpaid invoice.

The plaintiff had previously obtained summary judgment, which was set aside on appeal solely because the application of the International Sales Conventions Act had not been considered.

The court dismissed the motion, finding it would be unjust to order security for costs given the plaintiff's prior success on the merits and the late stage of the proceeding.

The plaintiff brought a motion for leave to examine a customer relations coordinator of the defendant tour operator under Rule 39.03(1) in advance of a pending summary judgment motion.

The underlying action involves a slip and fall at a resort in Cuba.

The plaintiff sought to examine the witness regarding the corporate relationship between the various defendants.

The court granted the motion, finding the threshold for such an examination is low and the plaintiff established the witness had relevant information that was more than a fishing expedition.