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The court set aside a dismissal for want of prosecution, finding the estate was not at fault for missing the chambers hearing and that justice favoured a merits hearing.
The appeal is dismissed because (1) the proposed fresh evidence was irrelevant to the decisive issues on appeal and would not have affected the result, and (2) the applications judge did not err in holding that parcel D was not separately delineated and the Estate failed to prove the requisite elements of adverse possession — specifically, there was no evidence William intended to exclude his siblings (who held beneficial interests in the unadministered estate) and boundaries for parcel D were not established, so entitlement under the Quieting of Titles Act was not proven.
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The Supreme Court held that proof of death within seven years rebutted the presumption of life retroactively, allowing restitution of pension payments under art. 1491 C.C.Q.
Court admitted a copy of Nettie Polischuk’s 2004 will to probate, finding she executed it and the nephews failed to prove revocation after later incapacity.
Sections 80(1)(a) and (b) and 82 of the CFSA determine that for all purposes an adopted person is the child of the adopting parents and ceases to be the child of the birth parents, thereby precluding an adoptee from inheriting as 'issue' of a birth parent under the Intestate Succession Act; this statutory scheme does not violate s.15(1) of the Charter because it is ameliorative, advances integration of adoptees, and does not perpetuate stereotyping or disadvantage, and the s.7 challenge fails for lack of evidentiary foundation and causal connection to the remedy sought.
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Because the appellant failed to secure formal administration or an application under s.7 and did not put before the court the alleged assignments/releases or comply with prior court orders, and because the estate needed to be a party given disputed issues of title and capacity, the chambers judge did not err in dismissing the action and the appeal was dismissed.
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The Supreme Court of Canada refused special leave to appeal in a dispute over insurance proceeds from a benevolent society certificate, finding no sufficient public importance.
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