Lavallée c. Desormeaux

Lavallée c. Desormeaux

The clause 6(6)(a) is valid and enforceable because the offered price is objectively determinable as the amount of the remaining mortgage, the absence of an exercise period is not fatal (limitation law applies if necessary), and the testatrix intended her daughter to have the option even if the mortgage balance was...

Source-derived case information.

Citation
2025 ONCA 646
Parties
Appellant: Lise Lavallée; Appellant: Carole Sarault; Appellant: Anne Gravelle; Appellant: Lilianne Levac; Appellant: Daniel Gravelle; Respondent: Julie Gravelle Desormeaux; Respondent: Jocelyne Gravelle
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
16 September 2025
Procedural Posture
Civil / Appeal
Outcome
Appeal dismissed
Legal Topics
Testamentary Clause Interpretation, Option to Purchase, Certainty and Enforceability of Contractual Terms, Mortgage Release Costs, Application of Armchair Rule
Source Language
fr
Wills and Estates Property Law Contract Law Testamentary Clause Interpretation Option to Purchase Certainty and Enforceability of Contractual Terms Mortgage Release Costs Application of Armchair Rule

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Parties

Lise Lavallée

Appellant

Carole Sarault

Appellant

Anne Gravelle

Appellant

Lilianne Levac

Appellant

Daniel Gravelle

Appellant

Julie Gravelle Desormeaux

Respondent

Jocelyne Gravelle

Respondent

Procedural Posture

Civil / Appeal

  1. 1 Whether clause 6(6)(a) of the will creating an option to purchase the family home is a valid and enforceable testamentary disposition when the mortgage balance at death was zero
  2. 2 Whether the option is void for uncertainty because the purchase price is not fixed
  3. 3 Whether the absence of a time to exercise the option renders it unenforceable and whether limitation statutes apply

Ratio Decidendi

The clause 6(6)(a) is valid and enforceable because the offered price is objectively determinable as the amount of the remaining mortgage, the absence of an exercise period is not fatal (limitation law applies if necessary), and the testatrix intended her daughter to have the option even if the mortgage balance was zero; accordingly Jocelyne is responsible for mortgage release costs consistent with the will's distribution scheme.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to respondents in the agreed amount of $13,000 payable by the appellants