The Estate of Lois Jean Davey, administered by Geoffrey Craig, brought an application seeking a declaration of beneficial interest in a property owned by Geoffrey and Isabel Craig (his separated wife) based on a constructive trust, related to an in-law suite built by the deceased.
Isabel Craig sought dismissal under Rule 2.1.01(1) of the Rules of Civil Procedure.
The court found the application frivolous and vexatious, dismissing it because the deceased's will explicitly stated the addition became Geoffrey's sole property and the estate had no claim.
The court held that the application was an improper attempt to bring a matrimonial claim in a different forum and was estopped by the clear terms of the will.
