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The court upheld Arthur Stevens’s 2019 will, set aside the later transfer of his property interest to Patricia Esak, dismissed Esak’s tort claims, and ordered sale of the property.
The court refused special costs on a duplicative WESA petition, finding the filing ill-advised but not reprehensible. Ordinary costs of the applications were awarded to the parents.
The court struck claims about the Aubrey Property and related properties as barred by collateral attack and res judicata, but allowed the remaining family claim to continue subject to $20,000 security for costs.
The court ordered each petitioner to bear their own costs in this estate dispute, finding the litigation was reasonably brought and justified an exception to the usual costs rule.
The court held that the deceased had not terminated her marriage-like relationship with Thomas Harlton, declared him a spouse under WESA, and removed the notice of dispute.
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