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The court interpreted a will to determine executor appointments and asset vesting, and awarded a disabled adult child $725,000 in dependant's support from the estate.
This case involves two consolidated applications concerning the estate of Veronica Bishop.
Carolyn Mae Reeves sought interpretation of the will regarding executor appointments and asset vesting, and an accounting from Anne Marie Veronica Inglis, a de facto executor.
Margaret Bishop, the deceased's daughter, sought dependant's relief, an accounting, and the removal of Anne Marie as executor.
The court determined that Anne Marie and Carolyn are the current executors.
It clarified that non-residence assets vested at the deceased's death, while residence proceeds vested upon sale.
The court ordered Anne Marie to provide a formal accounting.
Margaret was found to be a dependant and awarded $725,000 from her trust, inclusive of her share of the residue and dependant's support, subject to Anne Marie's proven expenses.
The decision on Anne Marie's removal as executor was adjourned pending the accounting.
Municipality granted CPL to prevent land sale pending application to void transfer under Planning Act.
The applicant municipality brought an application to set aside a land transfer from the respondent McRobert to the respondent Lievre, alleging it violated s. 50 of the Planning Act because no severance was obtained.
The municipality moved for leave to issue a Certificate of Pending Litigation (CPL) against McRobert's remaining lands.
McRobert argued a CPL was unavailable because the municipality claimed no direct interest in the land.
The court held that a CPL may issue because the underlying application puts the extent of the title to the lands in question.
Applying the factors for equitable discretion, the court granted leave to issue the CPL to preserve the status quo pending the application's resolution.
