Samuel Rabinovitch

The applicants challenged the validity of a purported will dated September 10, 2020, allegedly made by Kenneth Ryan Hill, a wealthy status Indian and permanent resident of the Six Nations of the Grand River Reserve.

The will named the respondent, Mr. Hill's son, as executor and left his interest in Grand River Enterprises (worth approximately $38 million) to him, with bequests of $5 million to each of his other children (except two who received nothing or $3 million).

The applicants argued that Mr. Hill did not sign the will and did not know and approve of its contents.

The court found that the respondent failed to establish that Mr. Hill signed the purported will and that suspicious circumstances surrounded its execution.

The court also found that the respondent failed to prove that Mr. Hill knew and approved of the will's contents.

The purported will was declared invalid both under the Indian Act and at common law.

The respondent brought a motion to stay an application for dependent's support under the Succession Law Reform Act, arguing that the Ontario Superior Court lacks jurisdiction.

The applicants sought support from the estate of a deceased individual who was domiciled in Costa Rica at the time of death.

The court found that the deceased had established Costa Rica as his permanent domicile and that the presumptive connecting factors (existence of personal property and insurance trusts in Ontario) were insufficient to establish a real and substantial connection between the dispute and Ontario.

The application was permanently stayed for lack of jurisdiction.