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On a summary trial, the court found the attorney breached fiduciary duties, misappropriated estate funds, and was unjustly enriched, awarding repayment and return of cryptocurrency.
The court held that Joyce Valerie Noel’s August 3, 2022 letter was authentic and validly altered her 2021 will under WESA s. 58.
The motion judge did not commit reversible error in finding Henia lacked capacity based on expert evidence and other record evidence; given that incapacity and conflicts of interest the appointment of a neutral litigation guardian and guardian of property was appropriate; appointment on a motion within the existing application was procedurally sound; therefore the appeal is dismissed.
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The court adjourned a Trustee Act petition because a related action raises the same trust-validity and asset-ownership issues, and it should be decided first.
The court proved Andreas Michael Waibel’s 2019 will in solemn form, found no suspicious circumstances, and held the deceased had testamentary capacity.
The stay was denied because the appeal did not raise serious issues likely to succeed (the motion judge's findings of incapacity and preference for the assessor's evidence were well supported), the moving parties would not suffer irreparable harm while the court‑appointed guardian (Eisen) managed affairs and was accountable to the court, and the balance of convenience favoured allowing the motion judge's order to operate pending appeal.
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The court ordered limited production from wills-preparation files, finding an implied waiver only as to documents about alleged loans to the Slades, not the claimant’s capacity.
The February 13, 2020 will is invalid because suspicious circumstances existed and the Estate failed to prove on a balance of probabilities that George had testamentary capacity and knew and approved the will; evidence established significant cognitive decline around the date, unexplained inconsistent changes to the will, and that Dennis exerted overpowering influence resulting in a will reflecting Dennis's intent rather than George's.
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Estate petition in which the court removed a co-executor by consent, treated a sentimental bolt ring as estate property, and ordered it given to Allan on distribution.
The motion for a stay was dismissed because the moving parties failed to show a strong case: the motion judge's findings of incapacity and of breaches of fiduciary duty were supported by evidence (including a certified capacity assessment and unexplained withdrawals), no irreparable harm from the PGT's appointment was demonstrated, and the balance of convenience favoured protection of the incapable person's assets under the PGT; under Ogden the court must assume the impugned judgment is correct when deciding a stay application.
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