Ranking v. Ranking Estate
Because the appellant elected to take under the Family Law Act rather than under the will, he is entitled to the benefits of that election but must accept its burdens; applying the Act's equalization scheme accordingly yields the appellant's entitlement and requires dismissal of the appeal.
Source-derived case information.
- Citation
- 2010 ONCA 315
- Parties
- Appellant/applicant: Gerald N. Ranking, by his Litigation Guardian Gerald L.R. Ranking; Respondent: David Battah, in his capacity as the Executor and Trustee of the Estate of Rosella (Margo) Ranking, Deceased
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 3 May 2010
- Procedural Posture
- Civil / Appeal From Superior Court of Justice
- Outcome
- Appeal dismissed
- Legal Topics
- Election Under Family Law Act Vs Will, Equalization Under Family Law Act, Estate Distribution, Costs and Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gerald N. Ranking, by his Litigation Guardian Gerald L.R. Ranking
Appellant/applicant
David Battah, in his capacity as the Executor and Trustee of the Estate of Rosella (Margo) Ranking, Deceased
Respondent
Procedural Posture
Civil / Appeal From Superior Court of Justice
Legal Issues
- 1 Whether the appellant's election to take under the Family Law Act bars reliance on the will and imposes associated burdens
- 2 Whether the Superior Court's interpretation of the Family Law Act equalization scheme was correct
- 3 Appropriate quantum payable from the estate and costs
Ratio Decidendi
Because the appellant elected to take under the Family Law Act rather than under the will, he is entitled to the benefits of that election but must accept its burdens; applying the Act's equalization scheme accordingly yields the appellant's entitlement and requires dismissal of the appeal.
Court Disposition
Appeal dismissed
Orders
- Appellant to receive $122,437.08 from the estate together with interest pursuant to the Courts of Justice Act
- Costs to respondent fixed at $8,500 inclusive of disbursements and G.S.T.
Full Case Text
Judgment text and source record
1 paragraphs
Ranking v. Ranking Estate Collection Decisions of the Court of Appeal Date 2010-05-03 Neutral citation 2010 ONCA 315 Docket numbers C51350 Judges Moldaver, Michael James; MacPherson, James C.; Watt, David Subject Civil Decision Content CITATION: Ranking v. Ranking Estate, 2010 ONCA 315 DATE: 20100430 DOCKET: C51350 COURT OF APPEAL FOR ONTARIO Moldaver, MacPherson and Watt JJ.A. IN THE MATTER OF the Estate of Rosella (Margo) ranking, Of the City of Oakville, Deceased BETWEEN: Gerald N. Ranking, by his Litigation Guardian, Gerald L.R. Ranking Appellant/Applicant And David Battah, in his capacity as the Executor and Trustee of the Estate of Rosella (Margo) Ranking, Deceased Respondent Ronald J. Walker, for the appellant John F. Ellis, for the respondent Heard and endorsed: April 29, 2010 On appeal from the order of Justice Thomas Dunn of the Superior Court of Justice dated November 3, 2009. APPEAL BOOK ENDORSEMENT [1] We have been advised by counsel that there is genuine urgency to resolve this appeal. [2] In our view, the analysis and conclusion reached by Dunn J. are correct in law. The appellant made an election to take under the Family Law Act as opposed to the will. Having done so, while he is entitled to the benefits of this choice, he must bear its burdens. The result that flows is consistent with the underlying purpose of the equalization provisions of the Family Law Act. In so concluding, we are mindful that the legislation has been clarified and is consistent with this result. [3] Counsel agree that under this disposition, the amount that the appellant is entitled to receive from the estate is $122,437.08 together with interest pursuant to the Courts of Justice Act. [4] In the result, the appeal is dismissed. Costs to the respondent fixed at $8,500 inclusive of disbursements and G.S.T.