Sharon Davis

The applicant estate trustees applied for directions regarding an anomaly in the deceased's 2016 will, which used the term 'division date' without defining it.

The previous 2013 will had defined the term in relation to a 30-day survivorship clause for the deceased's spouse.

The court applied the armchair rule and found that the drafting solicitor for the 2016 will had erroneously retained vestiges of the survivorship provisions after the spouse's death.

The court concluded that the deceased intended for his sons to inherit upon his death without a 30-day survivorship requirement, and ordered the will rectified to correct the drafting error.

The appellant appealed an order dismissing his proceeding.

The Court of Appeal found no error in the motion judge's decision, noting that the appellant had failed to deliver a statement of claim as required by a previous order and provided no explanation for this failure.

The appeal was dismissed with costs.