2 total
The court declined to hear a preliminary motion to strike a factum, directing it to the main motion.
The defendants requested a case conference to address their motion to strike the plaintiff's factum, filed for an upcoming summary judgment motion, arguing it contained allegations previously precluded by a prior court order.
The court, acting as Case Management Judge, declined to strike the factum or adjourn the summary judgment motion for a preliminary motion to strike.
Citing jurisprudence, the court emphasized that preliminary motions to strike documents should be discouraged and reserved for the most egregious cases, as questions of relevance and admissibility are best left to the judge hearing the main motion.
The court ordered that the defendants' motion to strike would proceed at the outset of the summary judgment motion.
Appeal dismissed; deceased's transfer of investments into joint ownership with daughter constituted a valid inter vivos gift.
The appellant, the deceased's son-in-law, appealed a trial decision that found the deceased intended to gift his investments to his daughter (the respondent) by placing them in joint ownership.
The appellant argued the investments should form part of the estate residue, of which he was a joint beneficiary.
The Court of Appeal dismissed the appeal, finding ample evidence that the deceased actually intended to gift the beneficial interest to his daughter, making it unnecessary to rely on the presumption of advancement or resulting trust.
