John Szewczyk Testamentary Trust v. Szewczyk
- Citation
- 2026 ONCA 153
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Court of Appeal for Ontario
- Decision
- 27 February 2026
- Posture
- Civil Appeal (estate/probate) / Court of Appeal Decision (appeal Heard and Rendered Orally)
- Language
- English
More details
- Court
- Court of Appeal for Ontario
- Decision
- 27 February 2026
- Posture
- Civil Appeal (estate/probate) / Court of Appeal Decision (appeal Heard and Rendered Orally)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal is dismissed because the Court found no palpable and overriding error, no error of law and no error in principle in the application judge's interpretation of the will; because the dispute arose from an arguable ambiguity in the will, it was appropriate to order that the John Szewczyk Testamentary Trust absorb CIBC Trust Corporation's costs and to order full indemnity for John Szewczyk's personal costs without recoupment from him personally.
Court disposition
Appeal dismissed
Orders
- Appeal dismissed
- Order that the John Szewczyk Testamentary Trust absorb CIBC Trust Corporation's costs
- Order that John Szewczyk’s personal costs be paid on a full indemnity basis by the John Szewczyk Testamentary Trust without recoupment from John Szewczyk personally
02
Material facts
Parties
CIBC Trust Corporation, as trustee of the John Szewczyk Testamentary Trust
Applicant (respondent) Counsel: Daniel J. DochyloJohn Szewczyk
Appellant Counsel: Martin ZatovkanukEdward Szewczyk, as trustee of the Szewczyk Grandchildren’s Trust
Respondent03
Procedural history
Posture
Civil Appeal (estate/probate) / Court of Appeal Decision (appeal Heard and Rendered Orally)
04
Questions and positions
Legal issues
- 01
Whether the application judge erred in interpreting the will
- 02
Whether the will contained an ambiguity sufficient to affect the disposition
- 03
Whether the costs order requiring the Testamentary Trust to absorb costs and ordering indemnity costs for the appellant's personal costs was appropriate
Party arguments
- Applicant
- CIBC Trust Corporation, as trustee of the John Szewczyk Testamentary Trust, maintained that the application judge correctly interpreted the will, that there was no error of law or principle, and that the disposition and attendant costs orders should be upheld.
- Respondent
- Appellant John Szewczyk argued that the application judge made a palpable and overriding error in interpreting the will and sought reversal of the interpretation and the related costs allocation.
05
Court’s reasoning
Legal principles
- 01
Common law appellate standard (Court of Appeal jurisprudence)
Appellate review requires a showing of palpable and overriding error to disturb findings of the application judge
- 02
Court of Appeal jurisprudence on costs and testamentary ambiguity
Where a will contains an arguable ambiguity that gives rise to litigation, the court may allocate costs to reflect the nature and source of the dispute
- 03
Court of Appeal jurisprudence on costs and trusteeship
Indemnity costs may be ordered and structured to prevent recoupment from a personally sued litigant when equitable considerations support having a trust or estate absorb the expense
06
Ratio, limits and disposition
Ratio decidendi
The appeal is dismissed because the Court found no palpable and overriding error, no error of law and no error in principle in the application judge's interpretation of the will; because the dispute arose from an arguable ambiguity in the will, it was appropriate to order that the John Szewczyk Testamentary Trust absorb CIBC Trust Corporation's costs and to order full indemnity for John Szewczyk's personal costs without recoupment from him personally.
Obiter and limits
- The respondent Edward Szewczyk, though properly served, did not participate in the appeal.
- The reasons were rendered orally on February 25, 2026.
Court disposition
Appeal dismissed
- Appeal dismissed
- Order that the John Szewczyk Testamentary Trust absorb CIBC Trust Corporation's costs
- Order that John Szewczyk’s personal costs be paid on a full indemnity basis by the John Szewczyk Testamentary Trust without recoupment from John Szewczyk personally
Source and reliance status
Court of Appeal for Ontario · 27 February 2026
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of Appeal for Ontario
Judgment· 27 February 2026
John Szewczyk Testamentary Trust v. Szewczyk Collection Decisions of the Court of Appeal Date 2026-02-27 Neutral citation 2026 ONCA 153 Docket numbers COA-25-CV-0892 Judges Lauwers, Peter D.; Huscroft, Grant; Gomery, Sally A. Subject Civil Decision Content
COURT OF APPEAL FOR ONTARIO CITATION: John Szewczyk Testamentary Trust v. Szewczyk, 2026 ONCA 153 DATE: 20260227 DOCKET: COA-25-CV-0892 Lauwers, Huscroft and Gomery JJ.A. IN THE MATTER OF THE ESTATE OF JENNIE SZEWCZYK, deceased
BETWEEN CIBC Trust Corporation, as trustee of the John Szewczyk Testamentary Trust Applicant (Respondent) and John Szewczyk*, personally and Edward Szewczyk, as trustee of the Szewczyk Grandchildren’s Trust** Respondents (Appellant*/Respondent**) Martin Zatovkanuk, for the appellant Daniel J. Dochylo, for the respondent CIBC Trust Corporation, as trustee of the John Szewczyk Testamentary Trust No one appearing for the respondent Edward Szewczyk, as trustee of the Szewczyk Grandchildren’s Trust[1] Heard and rendered orally: February 25, 2026 On appeal from the judgment of Justice William M. LeMay of the Superior Court of Justice, dated June 6, 2025, with reasons reported at 2025 ONSC 3382.
REASONS FOR DECISION [1] The appeal is dismissed. We see no palpable and overriding error in the application judge’s interpretation of the will, no error of law and no error in principle and therefore no merit in the appeal. [2] Because there is an arguable ambiguity in the will that led to this dispute, it is appropriate to require the John Szewczyk Testamentary Trust to absorb the respondent CIBC Trust Corporation’s costs, and John Szewczyk’s personal costs on a full indemnity basis, without recoupment from John Szewczyk personally. “P. Lauwers J.A.” “Grant Huscroft J.A.” “S. Gomery J.A.” [1] Although properly served, the respondent did not file any materials and did not participate in the appeal.
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