Canada Case Law

McGrath v. Joy

Court

Court of Appeal for Ontario

The motion to re-open the appeal was dismissed because the moving party failed to meet the high 'rare circumstance' threshold required to withdraw the court's reasons and re-hear the issue; the court had already addressed and rejected the submission that the suicide note was a codicil after finding it to be the deceased's valid holographic will, and paragraph 88 did not establish any legal bar to handwritten codicils in general; costs of $7,000 were awarded to McGrath.

Source excerpt

• Testamentary capacity
• Holographic will
• Codicil
• Rehearing/reconsideration of appeal
• Costs

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VanSickle Estate v. VanSickle

Court

Court of Appeal for Ontario

The application judge erred in law by failing to apply the s.22 presumption that the will speaks as of the date of death; applying s.22 and the evidentiary facts (ownership of the land, leases, receipt and reporting of farm income) the testator was carrying on a farming business at death and the option to purchase for $85,300 was valid and was exercised by Howard.

Source excerpt

• Will interpretation
• Presumption that a will speaks as of time of death (s.22 slra)
• Option to purchase in a will
• Construction of 'farming business'
• Standard of review for interpretation

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Cohen v. Cohen Estate

Court

Court of Appeal for Ontario

Because the appellant died and there was no order to continue the appeal, the Court dismissed the appeal without prejudice to the estate's right to take appropriate steps to revive the appeal.

Source excerpt

• Abatement on death
• Order to continue appeal
• Revival of appeal
• Procedural dismissal

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Presseau v. Presseau Estate

Court

Supreme Court of Nova Scotia

Because Nova Scotia law contains no statutory authority permitting a person to convey land to himself or herself in the manner contemplated by some Ontario decisions, the deed dated December 22, 2004 and registered January 5, 2005 by which the deceased purported to convey her interest to herself is a nullity; therefore the application under s.8(2) succeeds and the deed is set aside.

Source excerpt

• Matrimonial home
• Joint tenancy severance
• Disposition of matrimonial property
• Conveyance to self
• Probate/executor

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MacRae Estate (Re)

Court

Supreme Court of Nova Scotia

The presumption of undue influence, though triggered by the dominant mother-son relationship, was rebutted by consistent contemporaneous statements and family acknowledgement of Sadie’s intent and by evidence that Sadie knew and intended that Vincent should be eventual owner; Sadie was competent in 1995. Given Sadie’s clear intention and Vincent’s significant contributions and occupation of the farm, a resulting trust was established in favour of Vincent’s estate. Consequently the personal representative must quitclaim the estate’s interest in the St. Rose property to Vincent’s estate. The co…

Source excerpt

• Resulting trust
• Constructive trust
• Undue influence presumption and rebuttal
• Joint tenancy and survivorship
• Intestate succession
• Estate accounting (lease proceeds)

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Somodi v. Szabados

Court

Supreme Court of British Columbia

The court held that Istvan Somodi was the deceased’s common-law spouse and varied the will to give him a life interest in 40% of the net estate income.

• Wills variation act
• Common-law spouse definition
• Limitation period
• Estate administration act s.112 notice
• Rule 18a summary determination
• Resulting/constructive trust

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Hunt v. Kazmer

Court

Supreme Court of British Columbia

The court found no proven contract for $35 a day, but allowed Maria Jane Hunt $13,000 in quantum meruit for services to Olga Whiting’s estate.

• Contract formation
• Quantum meruit
• Constructive trust
• Unjust enrichment
• Costs
• Quantum-meruit

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Feinstein v. Ashford

Court

Supreme Court of British Columbia

The court held that an executed application to re-register title severed the joint tenancy before registration, so the application was dismissed.

• Joint tenancy severance
• Delivery of instruments
• Registration vs. effect of unregistered transfers
• Statutory interpretation of land title act
• Property law act s.18(3)
• Joint-tenancy-severance

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Proctor et al. v. Dyck et al.

Court

Supreme Court of Canada

The Supreme Court of Canada restored trial-level damages in a Fatal Accidents Act claim, holding the children had a reasonable expectation of pecuniary benefit.

• Fatal accidents act
• Expectation of pecuniary benefit
• Quantum of damages
• Appellate review of damages
• Fatal-accidents-act
• Damages

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Smith v. Minister of National Revenue

Court

Supreme Court of Canada

La Cour suprême a conclu que l’art. 34 de la Succession Duty Act ne s’appliquait pas rétroactivement et a réduit l’évaluation à 67 230 $.

• Valuation
• Fair market value
• Retroactivity
• Statutory interpretation
• Regulatory power
• Succession duty

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