The defendant moved for summary judgment to dismiss the plaintiff's claims arising from their mother's holograph will.
The plaintiff argued the will created a testamentary trust in his favour and claimed dependent support under the Succession Law Reform Act.
The court found the will's language was precatory and did not create a binding trust.
Furthermore, the court found no evidence that the deceased was providing support to the plaintiff immediately before her death.
The motion for summary judgment was granted and the plaintiff's action was dismissed in its entirety.