Canada Case Law

LaFramboise v. Kaisersingh

Court

Court of Appeal for Ontario

The motion judge's critical factual findings—that Mr. Pomer was aware of the appellant's action prior to signing the release, that the appellant was aware of the assessment proceeding by July 2014 and did not seek to be added, and that the respondents could rely on the appellant's counsel's representation—were supported by the evidence; therefore there was no material non-disclosure or fraudulent representation and summary judgment dismissing the appellant's action was properly granted.

Source excerpt

• Summary judgment
• Non-disclosure
• Fraudulent representation
• Assessment of accounts
• Release of account

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Mayrand v. Dussault

Court

Supreme Court of Canada

The Supreme Court of Canada annulled a later will procured by a brother after finding fraudulent suggestion and undue influence; it declined to disturb concurrent findings on capacity.

• Testamentary capacity
• Undue influence
• Captation
• Fraudulent representation
• Onus of proof
• Revocation of will

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