Terri Stein

The Children's Lawyer brought a motion under Rule 2.1.01 of the Rules of Civil Procedure to dismiss proceedings against a child defendant as frivolous, vexatious, and an abuse of process.

The plaintiffs, residents of a cooperative housing complex, had sued 37 defendants including several children, alleging various torts arising from disruptive behavior such as playing basketball, volleyball, and other common childhood activities in common areas.

The court found the claims against the child defendants to be frivolous and vexatious, lacking legal merit and constituting a misuse of court resources.

The court dismissed the action against Kingston Pitawanakiwat and, on its own motion, also dismissed claims against Gavin Spencer, Brooks Spencer, Deevan Ens, and Jaden Harrison.

The applicants brought an unopposed application for a declaration that the deceased's will met the formalities of execution under s. 4(2) of the Succession Law Reform Act.

The witnesses had initialed or signed every page except the last page and did not sign the attestation clause.

The court held that initials suffice as a subscription and that the witnesses' subscriptions do not need to be placed at the end of the will.

The application was granted and the will was declared valid.

The applicant sought to validate his deceased mother's will under section 21.1 of the Succession Law Reform Act.

The will, drafted by a lawyer, was improperly executed due to a missing witness signature by the lawyer, despite the deceased believing all formalities were met.

The respondent, the deceased's sister and co-beneficiary, did not oppose the application.

The court found the will clearly expressed the deceased's testamentary intentions and was authentic, representing a textbook case for the application of the new curative provision.

The court ordered the will to be valid and fully effective as if it had been properly executed.