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The Court of Appeal dismissed 2113626 Ontario Inc.’s appeal, upholding summary judgment on common employer liability and rejecting res judicata and abuse of process arguments.
The court found on the totality of the evidence that the testator's stated reasons for disinheriting the plaintiff were factually valid and rational and that the plaintiff had reconciled with the testator then voluntarily re‑estranged herself for decades; those facts negated the moral obligation a judicious parent would otherwise have owed and therefore the will did not fail to make adequate provision and should not be varied. The action was dismissed.
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Court varied the Will under s.60 WESA because, on an objective assessment, the testator failed to make adequate provision for his disabled child; government benefits did not negate the moral obligation; the defendants' assistance was modest and largely compensated; balancing testamentary autonomy and duty to child required increasing the child's share while preserving a modest benefit to the defendants.
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The Ontario Court of Appeal set aside validation of unsigned 2024 draft wills, admitted a 2018 will as fresh evidence, and remitted the validity of the 2022 wills to the Superior Court.
Where a Form 45 proof in solemn form application has been managed as an application in court, the presiding judge has the power under the Civil Procedure Rules (including Rule 6) and under Regulation 3 of the Probate Regulations to convert the proceeding to allow viva voce or hybrid hearings; the Registrar erred in refusing to hear the parties' interlocutory conversion motion and the appeal is allowed with directions that a motion for directions be scheduled to determine the form and scope of conversion and hearing arrangements.
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The court granted Ms. Hoy leave under s. 151 WESA to continue and commence estate claims concerning two Clarke Drive properties and related fiduciary, undue influence, and capacity allegations.
The court dismissed a Rule 12-5(53) application to tender more of a prior pre-trial examination, finding the defendants could have dealt with the issue in examination-in-chief.
The court allowed a mid-trial amendment to narrow a pleaded admission, holding the defendants had not clearly admitted that Zhang Jr. was a party to the oral agreement.
The responding party is entitled to costs on a partial indemnity scale in the amount of $3,630.69. There was no basis to order substantial indemnity costs because the extension motion, while weak and unreasonable in parts, was not frivolous or vexatious, and there was no evidence of financial hardship or a public interest justification to depart from the normal rule that costs follow the event.
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Liability-only trial arising from a fatal Highway 99 collision. The court found the deceased pedestrian solely liable and held the plaintiff driver was not negligent.
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