Tessa Morris

The appellant, acting as estate trustee, transferred $400,000 to herself from her late stepfather's estate, claiming it was an inter vivos gift.

The respondent successfully challenged the transfer at first instance.

On appeal, the appellant argued the application judge erred by excluding the stepfather's investment advisor's notes as hearsay and by finding the gift was incomplete.

The Court of Appeal dismissed the appeal, upholding the exclusion of the notes as double hearsay under the Evidence Act and affirming the finding that the stepfather lacked a continuing intention to make the specific gift.

The applicant, Heather Ann Hugginson, sought a declaration that a $400,000 inter vivos gift allegedly given by the deceased, Glenn Poole, to the respondent, Sandra Hugginson, was invalid and that the funds should be returned to the estate.

The court found that Sandra failed to prove Glenn’s specific intent to make the gift or that he delivered the gift before his death.

The court also rejected the argument that the gift was perfected when Sandra became estate trustee, finding the rule in Strong v. Bird did not apply.

The application was granted and Sandra was ordered to return the $400,000 to the estate.

The applicant sought to change the parenting schedule to a week-about or two-overnight plan and formalize holidays due to a move.

The respondent cross-moved for a more modest change (one additional overnight) and sought child support and s. 7 expenses.

The court dismissed the applicant's motion and granted the respondent's cross-motion, maintaining the status quo parenting schedule with a minor adjustment and ordering child support and pro rata s. 7 expenses, primarily based on the children's expressed wishes and the impracticality of the applicant's proposed travel.

The plaintiffs sued their neighbours for nuisance arising from the installation and use of an outdoor wood-fired boiler that emitted noxious smoke and odours onto their property.

Prior to trial, the defendants agreed to remove the boiler and consented to an injunction prohibiting its future use, leaving only the assessment of damages to be tried.

The court rejected the defendants' preliminary arguments that the action was barred by res judicata from a discontinued Small Claims Court claim and that no actionable nuisance was established.

Finding that the smoke caused a serious and persistent interference with the plaintiffs' use and enjoyment of their property, the court awarded general damages of $20,000 to each plaintiff.

The applicant father brought a motion seeking a temporary order for week-about parenting time and shared decision-making.

The respondent mother brought a cross-motion to maintain the status quo of primary residence with her, joint decision-making with a veto, and child support.

The court dismissed the applicant's motion for a week-about schedule, finding it impractical and not in the child's best interests due to excessive travel time.

The court granted the respondent's cross-motion, maintaining the status quo, granting her a decision-making veto, and ordering the applicant to pay ongoing child support and arrears.

The mother brought an interim motion to relocate with the parties' three children to Kapuskasing following the sale of the matrimonial home in Smiths Falls.

The father, who had been exercising equal parenting time, opposed the move.

The court found that neither parent could afford housing in Smiths Falls and the mother had a reasonable plan and family support in Kapuskasing.

Noting the father's stated willingness to also move to Kapuskasing, the court permitted the relocation and ordered that equal parenting time continue in Kapuskasing, granting a 30-day grace period for the father to secure accommodation.