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The Court of Appeal for Ontario allowed the appeal, held that the Fourth Will of Reka Anroop was invalid, and set aside the costs order below.
La Cour rejette les demandes d’Ernest Fleischer concernant un prétendu accord de testaments mutuels, la capacité de Zoltan Fleischer et les transferts à Susanne Kierszenblat.
The court granted leave under s. 151 WESA to commence an estate action over a condo transfer, but adjourned generally the request to obtain the deceased’s medical records.
The court resolved a family property dispute over the McMaster Property, finding no proven purchase contribution by Henry and holding the 2009 transfer was invalid.
The British Columbia Court of Appeal dismissed an appeal challenging a gifted joint-tenancy transfer of a home, finding the donor intended a present gift and failed to prove unconscionable procurement.
Summary trial in a family property dispute. The court upheld a home transfer to the defendant and dismissed the father's claim seeking to set it aside.
The Court dismissed the appeals: the trial judge did not err in requiring clear, cogent evidence to establish a mutual wills agreement and correctly found such evidence lacking; no enforceable secret trust was established because there was no transfer from Elias to Harvey or requisite communication and acceptance; the trial judge’s unconscionable procurement findings were upheld where supported by evidence and remain effective for the transactions set aside (approx. $8.66M); the trial judge properly determined that the Townsgate joint tenancy had been severed and her inclusion of findings as…
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