Kristi J. Collins

The Estate Trustee applied for advice and direction regarding the distribution of a lapsed residuary gift in the testator's will.

The will did not provide a gift-over for a share left to the testator's sister, who predeceased her.

The court applied the 'armchair rule' to determine the testator's intention, finding that she intended to benefit her named residuary beneficiaries rather than distant relatives on an intestacy.

The court ordered the lapsed share to be paid to the surviving residuary beneficiary.

The applicant condominium corporation sought an order to evict a tenant and her disabled son due to ongoing noise complaints and nuisance, or alternatively an order for compliance with condominium rules.

The unit owner brought a separate application to vacate a lien for legal costs registered against the unit.

The court found the tenant had breached the rules but held that eviction was too draconian a remedy.

The court ordered the tenant to comply with the rules and the owner to take reasonable steps to ensure compliance.

The court upheld the lien and awarded partial costs to the condominium corporation, noting both parties had adopted overly confrontational positions.

The plaintiffs brought a motion to vary a timetable order that required the action to be set down for trial by October 31, 2016, failing which it would be dismissed.

The defendants opposed the motion, citing delay and non-compensable prejudice.

The court found that the delay was adequately explained by the voluminous video disclosure and log books that needed to be reviewed.

The court also found no non-compensable prejudice to the defendants.

The motion was granted, a new timetable was set, and the plaintiffs were ordered to pay $750 for the reproduction of digital video.