Alia Khan

The applicant, the common-law spouse of the deceased, brought an application to challenge the validity of a handwritten will leaving a condominium to the respondent church.

The respondent brought a motion for directions challenging the applicant's standing and seeking to limit her to a dependant support claim.

The applicant moved to strike portions of the respondent's relief and hearsay evidence in affidavits.

The court held that it was premature to determine the applicant's standing to challenge the will until she commenced a dependant support claim, for which the court extended the limitation period.

The court also found the respondent's requests for directions premature and declined to strike the hearsay evidence at the motion stage, leaving it for the application judge.

The applicant was injured when he fell from a transport truck while training as an unpaid driver.

He sought interim income replacement benefits from his auto insurer, Pafco, after his WSIB claim was denied.

Pafco brought a cross-motion to dismiss the arbitration, arguing the applicant was entitled to WSIB benefits.

The arbitrator dismissed the motion for interim benefits, finding the applicant failed to establish a prima facie case for the duration claimed and did not demonstrate an urgent financial need, as he was currently employed.

The cross-motion to dismiss the arbitration was also denied, as the issue of WSIB entitlement remained unresolved and was best left for a full hearing.

No special award or costs were granted.