Raymond H. Gouin

The applicants brought a motion challenging the validity of their mother's will and the interpretation of a clause granting one of the respondents the option to purchase the family home for the remaining mortgage amount.

The court found the will valid, as the testator had acknowledged her signature in the presence of two witnesses, satisfying the strict compliance requirements of the Succession Law Reform Act.

The court also applied the armchair rule to interpret the purchase option, concluding the testator intended for the respondent to have the option to acquire the home even though the mortgage balance was zero at the time of death.

The estate trustee was ordered to pass accounts.

The appellant appealed the dismissal of her motion to remove the respondent as estate trustee of their father's wills pending litigation over the wills' validity.

The appellant challenged the wills, which left the bulk of the multi-million dollar estate to the respondent, citing lack of testamentary capacity, undue influence, and the respondent's conflict of interest in intermingling the family business with his own company.

The Court of Appeal allowed the appeal, finding the motion judge erred by prematurely deciding the ultimate issue of testamentary capacity and by ignoring the respondent's significant conflicts of interest.

The respondent was removed as trustee pending the litigation, and an independent trustee was appointed.