The appellants challenged the validity of a clause in the will of Jeanne Dagenais Gravelle that granted her daughter Jocelyne Gravelle an option to purchase the family home for the amount of the remaining mortgage.
The appellants argued the clause was unenforceable because the mortgage had been fully paid at the time of the testator's death.
The Court of Appeal upheld the lower court's decision, finding the option clause valid and enforceable.
The court determined that the testator's intention was to allow Jocelyne to purchase the home even if the mortgage balance was zero, and that Jocelyne would be responsible for mortgage discharge fees as consideration for the purchase.
