This appeal concerned the estate of Jeanne Hayward, specifically claims by her former husband, Alexander Hayward, regarding a Chevrolet Malibu (alleged loan vs. gift) and a Montana tractor, and a costs award.
The Court of Appeal found the trial judge erred by ruling on the Malibu as a gift without the issue being argued, remitting it for a new trial.
The appeal regarding the tractor loan repayment being time-barred was dismissed as the defence was not raised at trial.
The Court largely upheld the substantial indemnity costs award against Alexander and supporting siblings due to their misconduct, including disputing document authenticity, but reduced the amount Leslie, as estate trustee, could recover from the estate for personal disputes.
