L. Levencrown

The applicant brought a motion to strike the respondent's pleadings and for security for costs due to his failure to comply with multiple temporary orders regarding spousal support, costs, and financial disclosure.

The court held that leave was not required to bring the motion despite the case being listed for trial, as the motion sought to enforce compliance essential to a fair trial.

The court ordered the respondent to comply with specific disclosure and payment obligations within 21 days, failing which his pleadings would be struck.

The court also granted the applicant a $50,000 security interest in the respondent's property for costs.

The applicants, the only children of the deceased, challenged their father's Will, which left his entire estate to his daughter-in-law and appointed his accountant as Estate Trustee.

The applicants alleged lack of testamentary capacity, undue influence, and conspiracy.

The court found that the deceased was a strong-willed, independent businessman who fully understood his assets and intentions.

He deliberately chose to bypass his estranged son and independent daughter to benefit his grandchildren by leaving the estate to his trusted daughter-in-law.

The conspiracy claim was withdrawn, and the court dismissed the application, finding no evidence of undue influence or lack of capacity.