Canada Case Law

Stainer v. Thurgood

Court

Supreme Court of British Columbia

The application for summary dismissal was dismissed because the court was not satisfied beyond a reasonable doubt that the plaintiff's wills variation claim has no chance of success; the Court of Appeal's rulings in Hope and Peri do not foreclose all claims by non-biological, non-adopted persons and Peri expressly left open expansion where a sufficiently compelling factual matrix exists, which raises triable issues that cannot be resolved summarily under Rule 9-6(5).

Source excerpt

• Wills variation
• Standing
• Definition of "child"
• Stare decisis
• Summary dismissal

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Shapiro v. Shapiro

Court

Court of Appeal for Ontario

The Court of Appeal dismissed the appeal, holding that s. 76 of Ontario’s Succession Law Reform Act gives the Divisional Court exclusive jurisdiction.

• Succession law reform act s.76
• Divisional court exclusive jurisdiction
• Jurisdictional bar to appeal
• Succession-law
• Appellate-procedure
• Jurisdiction

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Re: Boisvert Estate

Court

Supreme Court of British Columbia

The court granted a vesting order under s.33 WESA because the applicant met statutory criteria including ordinary residence, insufficient estate assets to satisfy descendants without disposing of the home, demonstrated significant financial hardship to purchase the descendants' share, and established a greater prejudice if forced to vacate; initial disclosure defects were not fatal. The deceased's estate interest was vested in the applicant subject to a registrable charge equal to the descendants' intestacy entitlement ($225,000) with terms specifying interest, enforceability timing (includin…

Source excerpt

• Intestate succession
• Spousal home
• Registrable charge
• Wesa s.33
• Disclosure requirements

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Pelling Estate v. Pelling

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed an appeal over whether a 2006 deed and direction had testamentary effect, and denied leave to appeal a costs order.

• Testamentary documents
• Validity of deeds as wills
• Formal requirements under the succession law reform act
• Discretionary costs awards
• Estate-law
• Succession-law

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Clark v. Matossian Estate

Court

British Columbia Court of Appeal

The trial judge correctly applied the governing legal test for a marriage-like relationship under WESA, properly considered the parties' intentions (using Mr. Matossian's affidavit and corroborative evidence) and the objective indicia (exclusivity, daily routines, long duration, shared vacations, social perception), and her factual findings were open on the evidence; therefore the Court of Appeal dismissed the appeal and affirmed the finding that the parties were spouses under s.2(1)(b) of WESA.

Source excerpt

• Intestacy
• Definition of spouse
• Marriage-like relationship
• Evidentiary assessment of intention and objective indicia

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Belick Estate (Re)

Court

Supreme Court of British Columbia

The court declared Victoria Marie Arnault was Lawrence Michael Belick’s common-law spouse under the Estate Administration Act after finding a marriage-like relationship in the final two years before his death.

• Common‑law spouse status
• Cohabitation and marriage‑like relationship
• Intestate distribution (s.85 eaa)
• Burden of proof
• Credibility assessment
• Common-law-spouse-status

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Hejno v. Hejno

Court

Court of Appeal for Ontario

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.

• Will formalities and validation
• Fresh evidence admissibility
• Remittal to trial court
• Spousal support obligations
• Will-validation
• Fresh-evidence

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Devonport v. Devonport

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed an appeal about a will, holding that s. 31 of the SLRA applied, the solicitor’s evidence was inadmissible, and occupation rent was properly set.

• Will interpretation
• Anti-lapse provision (s.31 slra)
• Occupation rent
• Admissibility of solicitor drafting evidence
• Costs
• Will-interpretation

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Paige v. Noel

Court

British Columbia Court of Appeal

The Court of Appeal allowed the appeal and set aside a s. 58 WESA order, holding the deceased’s texts and email did not show a fixed and final testamentary intention.

• Testamentary intention
• Wesa s.58 dispensing power
• Revocation and alteration of wills
• Formalities of execution
• Extrinsic evidence
• Testamentary-intention

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Barbieri v. White

Court

British Columbia Court of Appeal

The Court of Appeal ordered each party to bear its own costs of the appeal, finding divided success and shared oversight over the form of the order.

• Costs allocation
• Form of order
• Appointment of administrator
• Removal of executor
• Remittal
• Costs

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