The applicants sought the court's opinion on the validity of a handwritten, improperly executed codicil and whether the Thunder Bay Regional Health Sciences Foundation was the residuary beneficiary.
The court found the codicil valid under s. 21.1 of the Succession Law Reform Act, as it clearly expressed the testator's testamentary intentions.
Applying the cy-près doctrine and considering extrinsic evidence, the court determined that the Thunder Bay Regional Health Sciences Foundation was indeed the residuary beneficiary, as it was impracticable to identify the "service organizations" mentioned in the original will and the testator had an overriding charitable intent towards the hospital.
