Glenn Elliott

The applicants, estate and disability trustees, sought the court's assistance in interpreting a will.

The will created a disability trust for the testator's daughter, with the remainder to be divided among three beneficiaries upon her death.

One beneficiary survived the testator but predeceased the daughter, and the will was silent on this scenario.

Applying the armchair rule, the court interpreted the will to mean the deceased beneficiary's share passed to his issue.

The court also permitted the application to proceed without a representative for the deceased beneficiary's insolvent estate and allowed the minor issue's share to be paid into court.

The appellant appealed a summary judgment dismissing his claim for specific performance and granting the respondent's counterclaim for damages arising from a failed residential real estate transaction.

The appellant argued he was unable to close because the respondent's solicitor denied his mortgage broker access to the property.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's conclusion that the appellant failed to close because he lacked funds, and upholding the damages awarded on the counterclaim.

The appellant appealed his convictions for dangerous driving and other offences, as well as his 18-month sentence.

He had fled from police, run over an officer's leg, and resisted arrest.

The Court of Appeal dismissed the conviction appeal, finding his actions were intentional.

However, the Court allowed the sentence appeal, finding the trial judge overemphasized general deterrence and failed to adequately consider the appellant's youth, first-offender status, significant rehabilitation prospects, and aboriginal status.

The sentence was varied to three months of time served followed by a 12-month conditional sentence.