Edwin A. Flak

The plaintiff and defendant are siblings disputing the estate of their late mother, who died leaving over $21 million in assets.

The mother had historically treated her children equally in her estate planning.

In May 2013, she executed a new will leaving 75% of her estate to the defendant and 25% to the plaintiff.

Subsequently, between August 2013 and September 2014, the mother executed numerous documents that effectively transferred all her wealth to the defendant, primarily through a joint investment account with a right of survivorship, and disinherited the plaintiff entirely.

The plaintiff challenged the validity of the May 2013 will and the subsequent documents, alleging lack of testamentary capacity and undue influence.

The court found that the mother had testamentary capacity throughout.

However, the court concluded that the post-August 2013 documents and inter vivos gifts were procured through the defendant's undue influence and were therefore invalid.

The court upheld the May 2013 will as valid and ordered that the assets transferred to the defendant be held in a resulting trust for the estate, to be distributed 75% to the defendant and 25% to the plaintiff.

The parties separated after a 25-year traditional marriage.

The respondent mother sought interim spousal and child support for their child with cerebral palsy.

The applicant father, a self-employed business owner, failed to provide complete financial disclosure.

Relying on the respondent's expert business valuator, the court imputed an income of $488,000 to the father, grossing up undeclared management fees and discretionary expenses.

The court imputed an income of $40,000 to the mother based on her earning capacity.

The father was ordered to pay $3,764 monthly in child support, $11,374 monthly in spousal support, and 92% of section 7 expenses.

Following a partially successful appeal from a family arbitration award concerning equalization, child support, and spousal support, the court addressed costs of the leave motion and appeal.

The appellant succeeded in setting aside the retroactive child support award and in having the lump sum spousal support award reconsidered, while the respondent preserved most other components of the arbitration award.

Applying Rule 24 of the Family Law Rules and s.131 of the Courts of Justice Act, the court held that success on the appeal was divided.

Given the mixed and substantial success of both parties, it was inappropriate to treat either side as the substantially successful party.

The court exercised its discretion to make no order as to costs.

The applicant appealed a family law arbitration award that ordered him to pay retroactive and ongoing spousal support, child support, and an equalization payment.

The applicant argued the arbitrator made palpable and overriding errors in imputing income, drawing adverse inferences regarding his assets, and failing to apply the Spousal Support Advisory Guidelines.

The Superior Court of Justice dismissed the appeal, finding that the arbitrator's reasons were adequate, the findings of fact were supported by the evidence, and there was no error in principle or reasonable apprehension of bias.