The appellant appealed an application judge's decision to rectify his mother's will by adding a remainderman clause that gifted two properties to his niece and nephew upon the termination of his father's life interest.
The drafting solicitor admitted to accidentally omitting the clause.
The Court of Appeal dismissed the appeal, finding that the application judge did not exceed his jurisdiction as a court of construction, as the will could be interpreted to achieve the same result without adding words.
The Court also held that the application judge did not err in his application of the corroboration requirement under s. 13 of the Evidence Act or in his reliance on admissions against interest as extrinsic evidence of the testator's intentions.
The cross-appeal challenging the remedy and costs was also dismissed.
