Canada Case Law

Foster Estate v. Foster

Court

Supreme Court of Nova Scotia

The Executor's Gift Clause is an unconditional testamentary gift distinct from a court‑approved commission; statutory commission provisions do not apply. Interpreting the Will in context and the surrounding circumstances, the testator intended the executor to receive the gift for acting as executor. Michael performed executor duties and is therefore entitled to the gift of $60,329.64. However, Michael failed to properly exercise his discretion to make an initial interim distribution of $250,000 to each beneficiary by April 2022; that failure is so unreasonable that intervention under s.71(1)…

Source excerpt

• Testamentary gift vs executor commission
• Passing of accounts
• Interim distributions
• Executor fiduciary duties and standard of review
• Tax clearance certificate
• S.71 remedies

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Anroop v. Naqvi

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario allowed the appeal, held that the Fourth Will of Reka Anroop was invalid, and set aside the costs order below.

• Testamentary capacity
• Undue influence
• Forgery
• Conflict of interest
• Suspicious circumstances
• Costs allocation

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Ladhar Estate v. Ladhar

Court

Supreme Court of British Columbia

The court awarded special costs to the defendants after finding the plaintiff’s second disqualification application was speculative, delayed, and tactically brought.

• Disqualification of counsel
• Conflict of interest
• Special costs
• Costs uplift under appendix b
• Delay and tactical litigation
• Special-costs

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Grant v. Grant Estate

Court

Supreme Court of British Columbia

The court held that the respondent’s 10% registered interest in the house should be valued at current appraised value at trial, with a net deduction for expenses.

• Valuation date
• Purchase of interest under ppa
• Occupational rent
• Indefeasibility of title
• Equitable adjustments
• Breach of agreement

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Boast v. Schram

Court

Supreme Court of British Columbia

The court refused to remove Julia Schram as executor of Rosalie Ellen Boast’s estate, leaving outstanding accounting and related disputes to be resolved first.

• Removal of executor
• Accounting and passing of accounts
• Disclosure under wesa
• Interim distribution
• Foreign property/reparations (zimbabwe)
• Removal-of-executor

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Thauberger Estate (Re)

Court

Supreme Court of British Columbia

The court found Barbara Schwartz and William Thauberger were spouses in a marriage-like relationship and validated William’s handwritten 2001 note as his will under WESA s. 58.

• Spouse status
• Marriage-like relationship
• Testamentary intention
• Wesa s.58 curative relief
• Validity of will
• Grant of administration with will annexed

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Walker v. Walker

Court

Nova Scotia Court of Appeal

The appeal is dismissed because the chambers judge's reasons, read with the record, were legally and factually sufficient to permit review, and the $30,000 punitive award was within the judge's discretion and rationally connected to the purposes of punitive damages given the facts (egregious breach, vulnerability of victim, compensatory relief and other remedies awarded); appellant failed to fully brief comparative authorities which undermined her challenge.

Source excerpt

• Breach of fiduciary duty
• Punitive damages quantum
• Sufficiency of judicial reasons
• Powers of attorney
• Substituted service

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Walker v. Walker

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal under WESA s. 151, upholding refusal of leave to sue the executrix, refusal to remove her, and refusal of fresh evidence.

• Leave to commence proceedings under wesa s.151
• Removal of executor
• Breach of fiduciary duty
• Undue influence
• Fresh evidence admissibility
• Standard of review on leave applications

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Holloway Estate

Court

Supreme Court of Nova Scotia

The Ontario order approving and passing the Estate accounts is entitled to full faith and credit with respect to the challenged bank account transactions and precludes relitigation of those matters in Nova Scotia; there is no admissible evidence that the executors breached fiduciary duties in subdividing or selling the Island; exceptional circumstances justified extension under s.69(1) and the Estate's application to pass accounts is granted and the Bond released; Ms. Ye's Nova Scotia application is dismissed.

Source excerpt

• Passing of accounts
• Extra-provincial grant of probate
• Interprovincial comity
• Subdivision and sale of estate real property
• Probate taxation
• Fiduciary duties of executors

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Fleury Estate (Re)

Court

Supreme Court of British Columbia

The court cured the unsigned second draft will, held it reflected Maureen Fleury’s fixed and final intentions, revoked the 2007 will, and granted probate.

• Validity of will
• Curative relief under s.58 wesa
• Revocation of will
• Testamentary capacity
• Costs
• Wills-and-estates

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