Court of Appeal for Ontario
Moldaver, MacPherson and Watt JJ.A.
IN THE MATTER OF the Estate of Rosella (Margo) ranking, Of the City of Oakville, Deceased
BETWEEN:
Gerald N. Ranking, by his Litigation Guardian, Gerald L.R. Ranking
Appellant/Applicant
And
David Battah, in his capacity as the Executor and Trustee of the Estate of Rosella (Margo) Ranking, Deceased
Respondent
Counsel: Ronald J. Walker, for the appellant John F. Ellis, for the respondent
Heard and endorsed: April 29, 2010 On appeal from the order of Justice Thomas Dunn of the Superior Court of Justice dated November 3, 2009.
APPEAL BOOK ENDORSEMENT
1We have been advised by counsel that there is genuine urgency to resolve this appeal.
2In our view, the analysis and conclusion reached by Dunn J. are correct in law. The appellant made an election to take under the Family Law Act as opposed to the will. Having done so, while he is entitled to the benefits of this choice, he must bear its burdens. The result that flows is consistent with the underlying purpose of the equalization provisions of the Family Law Act. In so concluding, we are mindful that the legislation has been clarified and is consistent with this result.
3Counsel agree that under this disposition, the amount that the appellant is entitled to receive from the estate is $122,437.08 together with interest pursuant to the Courts of Justice Act.
4In the result, the appeal is dismissed. Costs to the respondent fixed at $8,500 inclusive of disbursements and G.S.T.