Jeffery Kaufman

The applicant challenged her mother's 2015 will, alleging lack of knowledge and approval, lack of testamentary capacity, and suspicious circumstances.

The 2015 will divided the estate equally among the three children, whereas a previous 2013 will had left the majority of the estate to the applicant.

The court found no suspicious circumstances, preferring the evidence of the drafting solicitor and the deceased's family doctor over the retrospective analysis of the applicant's expert geriatric psychiatrist.

The court concluded the deceased had the necessary testamentary capacity and dismissed the application.

The defendant brought a motion to transfer the action from the Superior Court in Oshawa (Central East Region) to the Superior Court of Justice in Toronto (Toronto Region), which the plaintiff opposed.

The court, applying Rule 13.1.02 of the Rules of Civil Procedure, found no rational connection to Oshawa.

Considering the location of the parties, counsel, events giving rise to the claim, and witnesses, the court determined that Toronto was a substantially better venue and that the interest of justice required the transfer due to inconvenience and additional costs if the action remained in Oshawa.

The motion to transfer was granted, and costs were reserved to the trial judge.