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A will is not a trust and need not satisfy the three certainties for probate validity.
The applicants, estate trustees of the deceased, brought a motion for directions after their unopposed application for a Certificate of Appointment of Estate Trustee was rejected.
The initial rejection relied on a previous decision holding that a primary will must satisfy the 'three certainties' of a trust, specifically certainty of subject matter, to be valid.
The court granted the application, explicitly declining to follow the previous decision.
The court held that a will is not a trust and its formal validity for probate does not depend on satisfying the three certainties.
Tribunal's refusal to consider documentary evidence constituted a denial of natural justice requiring a new hearing.
The tenant appealed a decision of the Ontario Rental Housing Tribunal.
During the hearing, the Tribunal indicated it would only consider oral evidence and submissions, refusing to deal with matters contained in the documentary record.
The Divisional Court held that this ruling amounted to a judicial error and a denial of natural justice, as it ran the risk of excluding relevant documents.
The appeal was allowed and the matter remitted for a new hearing.
