3 total
Will challenge dismissed; applicant failed to prove suspicious circumstances, lack of capacity, or undue influence.
The applicant challenged her late mother's will, which disinherited her and her brother, leaving the entire estate to her sister.
The applicant sought to revoke the certificate of appointment and declare the will invalid based on suspicious circumstances, lack of capacity, and undue influence.
She also requested a hybrid trial.
The court dismissed the request for a hybrid trial, finding it disproportionate and unnecessary.
On the merits, the court found the will was properly executed and the mother had testamentary capacity.
The applicant failed to establish suspicious circumstances or undue influence, as the mother had valid reasons for disinheriting the applicant due to a history of estrangement and financial misconduct.
The application was dismissed.
Appeal of security for costs order dismissed as appellant failed to demonstrate impecuniosity.
The appellant appealed a Master's order requiring it to pay security for costs.
The Master had found that the appellant, a foreign corporation, had insufficient assets in Ontario and failed to demonstrate impecuniosity on a balance of probabilities due to inadequate financial disclosure and credibility issues with its principal.
The Superior Court of Justice applied the palpable and overriding error standard of review and found no basis to interfere with the Master's assessment of the evidence.
The appeal was dismissed.
Appeal dismissed; gift in will stands as the deceased never revoked it despite the Separation Agreement.
The appellant appealed the application judge's interpretation of a Separation Agreement.
The Court of Appeal found no error, holding that because the deceased never revoked his will, the gift to the respondent remained valid.
The appeal and a motion for fresh evidence were dismissed, with costs awarded to the respondent.
