The appellants appealed a summary judgment dismissing their actions challenging the validity of their mother's wills and inter vivos transfers of land to the respondent.
The appellants alleged undue influence and fraud.
The Court of Appeal allowed the appeal, finding that the motion judge failed to properly use the expanded fact-finding powers under Rule 20.04 of the Rules of Civil Procedure.
The motion judge made conclusory determinations on highly contested facts without conducting a necessary credibility analysis, particularly regarding allegedly fraudulent invoices used to justify the property transfers.
The summary judgment was set aside and the matter directed to trial.
