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The Ontario Court of Appeal dismissed an estate appeal challenging donative intent, witness corroboration, executor fees, and substantial indemnity costs.
On the balance of probabilities the court accepted independent and contemporaneous evidence (notably the solicitor Patricia Caldwell and multiple independent family witnesses) that Thelma intended to gift Elton the Homestead by joint tenancy without any precondition, so Elton rebutted the Pecore presumption and is the legal and beneficial owner; further, even if the funeral agreement could be read to include the Homestead, the parties shared a fundamental common mistake (none knew of the deed) which would void any agreement in respect of that asset.
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The RPD erred by requiring documentary corroboration of the claimant's testimony and by rejecting the summons as inauthentic on minor anomalies; on the whole record (including admissible new evidence) the appellant's testimony is credible on a balance of probabilities, she faced arrest and a judicial inquiry in the DRC for political expression, and the political changes in the DRC do not eliminate the risk — therefore the appeal is allowed and refugee status is granted.
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The Court upheld the trial judge's findings that the codicil was valid because evidence established due execution, knowledge of its contents, and testamentary capacity, and the respondent successfully rebutted any inference of undue influence; there were no palpable and overriding errors in the trial judge's factual findings, so the appeal is dismissed.
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The court dismissed Clara Plouffe’s claim against her brother’s estate, finding she had not proved the $85,000 advance was a legally enforceable loan rather than a gift.
On the totality of contemporaneous evidence and independent corroboration the court finds the testatrix intended to make absolute inter vivos gifts of the BMO shares registered solely in the defendant's name and intended that jointly held accounts and certificates pass to the defendant on her death; the defendant rebutted presumptions of resulting trust and of undue influence; accordingly the contested bank accounts and shares are the defendant's property.
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The Court of Appeal upheld a finding that a secret trust arose from a family conversation about mineral rights and dismissed the appeal.
La Cour suprême a confirmé le rejet de l’action visant à annuler un don d’actions, jugeant non établie une influence indue suffisante, ou, subsidiairement, celle-ci renversée par la preuve.
The Supreme Court of Canada allowed an appeal, holding that alleged partnership evidence was not sufficiently corroborated under the Alberta Evidence Act to support a counterclaim against an executrix.
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