The appellant appealed a trial judgment finding that he exercised undue influence over his mother in the procurement of instruments transferring property to his son.
The majority of the Court of Appeal dismissed the appeal, holding that the trial judge's finding of physical and moral control amounting to undue influence was supported by the evidence and not undermined by the opinion of a solicitor who was not privy to all family interactions.
Abella J.A. dissented, finding that any presumption of undue influence was rebutted by the mother's evidence and the cogent evidence of her solicitor.
