COURT FILE NO.: 39517
DATE: 20200123
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Peter Norman Charles Dean
P. Downs, for the Plaintiff
Plaintiff
- and -
Teri Orenchuk and Bonnie Prince
S. Gallagher, for the Defendants
Defendants
HEARD: September 25, 2019
ADDENDUM
Templeton J.
[1] This is an addendum to my Ruling released today with respect to a Motion by the Defendants to dismiss the within action. The Motion was granted.
[2] The Plaintiffs argue that a dismissal of the action takes the parties nowhere. I agree. Dismissing this action does not result in an automatic declaration that the Will executed by Mr. Dean in 1997 “takes precedence over” (to quote the Plaintiff) the Will executed by Mr. Dean in 2001.
[3] The ruling with respect to the dismissal is not intended to be (nor was it sought by the Defendants) an adjudication on the merits.
[4] For these reasons, should the parties be unable to settle this matter within the next forty-five days, counsel will arrange a settlement meeting with me through the office of the Trial Co-ordinator before any litigation is re-commenced. At that time, all parties will attend.
“Justice L. Templeton”
Justice L. Templeton
Date: January 23, 2020