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Will declared valid after court rejects attesting witnesses' claims they did not see testatrix sign.
The testatrix executed her will on the back deck of her insurance agency during the COVID-19 pandemic.
The applicant, the testatrix's daughter and named executrix, sought to prove the will.
The two attesting witnesses, former employees of the testatrix who subsequently worked for the respondent, claimed they did not see the testatrix sign the will.
The court found the attesting witnesses lacked credibility, noting one witness refused to sign an affidavit of execution due to a dispute over severance pay.
The court accepted the applicant's evidence that the will was properly executed in the presence of both witnesses and declared the document to be the valid last will and testament.
Successful party on spousal support motion awarded $3,500 costs.
Costs decision following a family law motion in which the respondent sought temporary spousal support from the applicant.
The court had previously determined that although the respondent established a prima facie entitlement to non‑compensatory spousal support, no interim support was payable due to the applicant’s financial inability to contribute while carrying the primary financial responsibility for the children.
Applying s. 131 of the Courts of Justice Act and rr. 18 and 24 of the Family Law Rules, the court held that the applicant was the successful party on the motion.
The respondent’s argument that success was divided and that costs should be reserved to trial was rejected.
Costs of $3,500 plus HST were awarded to the applicant, payable from the respondent’s share of the matrimonial home sale proceeds.
