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The Ontario Court of Appeal dismissed an estate appeal challenging donative intent, witness corroboration, executor fees, and substantial indemnity costs.
The General Division made an important error of fact by failing to address evidence and representations that the Commission had antedated the claimant's application to December 7, 2021. Both parties confirmed the antedate. Because the antedate changes the start of the claimant's benefit period, the correct legal consequence is that the claimant's disentitlement for suspension/misconduct is effective December 7, 2021; the Appeal Division will substitute that decision rather than remit.
Source excerpt
The appeal is allowed and the matter is remitted because the General Division breached natural justice by issuing its decision before the 30-day filing period expired, thereby depriving the Claimant of the opportunity to submit and have considered timely documents; remittal for redetermination is the appropriate remedy.
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