Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Betty Kazimierski and Annabelle Filion, Applicants
AND:
Alison Dubeau, Respondent
BEFORE: The Honourable Mr. Justice John S. Poupore
COUNSEL: Guy A. Wainwright, Counsel for the Applicants
Ted Tichinoff, Counsel for the Respondent
HEARD: June 18, 2018
RULING ON MOTION
[1]
Overview
The applicants bring this motion under Rule 75.06 of the Rules of Civil Procedure requesting the trial of issues arising from the estate of Henry Onolack.
[2]
Background
Mr. Onolack died on October 22, 2014. From that date to this not much if anything has been resolved within the estate. However, the parties do agree that should the deceased’s will dated May 16, 1994, be validated, all other issues will be resolved from there. Should the will not be validated, then further proceedings may be necessary.
[3]
Disposition
Given that the assets of the estate could very quickly be consumed in legal fees, the most expeditious and least costly procedure is warranted. For this reason I am directing that:
The single issue of the validity of the testator’s will dated May 16, 1994, be determined in Cochrane on a date to be set by the trial coordinator;
The issue shall proceed within this application. The affidavits of the parties herein shall form the pleadings;
The applicants’ and the respondent shall each serve an affidavit of documents upon the other, to contain all documents within their knowledge and control touching the matter in question, including a list of assets of the deceased on the date of his death; and
The parties shall be permitted to cross-examinations on the affidavits and the documents produced.
[4]
Costs
Success of this motion having been split, there shall be no costs.
The Hon. Mr. Justice John S. Poupore
Date: June 19, 2018