The applicant, Ulana Olha Gorgi, as sole Estate Trustee, sought to rectify the Last Will and Testament of John Ihnatowych to limit the beneficiaries of the residue and grandchildren clauses to his biological children, Ulana and Markian, and their children, thereby excluding Alexander Erik de Berner and his children, who claimed to be the deceased's biological issue and grandchildren.
The court found that the drafting solicitor failed to accurately reflect the testator's clear instructions, which consistently indicated an intent to benefit only Ulana and Markian and their children.
The application for rectification was granted, and the Notice of Objection filed by the de Berner Respondents was removed.
