17 Jul 2018
The Sentencing Act certificate before the Court is conclusive evidence that the defendant committed homicide for the purposes of the Succession (Homicide) Act; accordingly the defendant is disentitled to the $67,371.18 she received and that sum must be distributed as if she had pre-deceased the deceased, entitling the plaintiff to half ($33,685.59); summary judgment was appropriate on that basis.
2 Jul 2014
On the balance of probabilities the deceased made a testamentary promise to the Irelands (supported by a 1989 letter, the 1991 will, corroborating witnesses and contextual reliance), the Irelands rendered significant services and contributed financially (including materially to the cottage), there was a nexus and the deceased failed to provide the promised testamentary provision; exercising discretion as to relief the Court varied the will by vesting 50% of the farm at 590 Portobello Road in the Irelands as fair and reasonable compensation under s 3 TPA.
24 Oct 2012
Court found Valerie had an increased moral obligation to Ken and David due to their serious illnesses and that the small cash bequests did not discharge that duty; to repair the breach the court ordered the estate to pay Ken $50,000 and David $30,000 while preserving the testatrix's primary intention that Howard receive the house and residue, subject to Howard raising the required shortfall of $60,000 or sale of the property.
21 Sept 2011
The court concluded, on the evidence at trial, that the plaintiffs proved liability against all defendants on all causes of action in the third amended statement of claim; an interim judgment on liability was entered with reasons to follow and quantification of relief and remedies was deferred for further hearing and directions.