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Motion to strike granted; animal rights group lacked public interest standing to challenge glue trap use.
The respondent retailers brought a motion to strike an application by an animal rights organization and its founder, who sought a declaration that the use of glue traps by members of the public violates the animal cruelty provisions of the Criminal Code and the OSPCA Act.
The court found that the applicants did not meet the threshold for public interest standing, as a declaratory application was not a reasonable and effective means to bring the issue to court when other avenues, such as private prosecutions or complaints to enforcement bodies, had not been pursued.
The motion to strike was granted in part.
Separation agreement revoked prior plan designation beyond a one-half entitlement.
On an appeal in an estate and family property dispute, the court considered whether a separation agreement revoked an earlier beneficiary designation under a deferred profit sharing plan.
The agreement contained mutual releases and specifically provided that the former spouse was entitled to one-half of the benefits under the plan.
Applying Part III of the Succession Law Reform Act, the court held that the separation agreement was an instrument that effectively revoked the earlier designation to the extent necessary to limit the former spouse's entitlement to one-half.
The balance of the plan proceeds was payable to the estate for distribution under the deceased's will.
