Case Law

Levitz v. Hillel Lodge Long Term Care Foundation, 2017 ONSC 6253 is a case about a missing will and what it takes to rebut the presumption of revocation.

In Eisenrieder Estate v Eisenrieder, 2020 ABQB 392, the Court of Queen's Bench considered the issue of costs, following a dispute over interpretation of a Will in which one party advanced a weak position.

In Kirst Estate (Re), 2020 ABCA 233, the Alberta Court of Appeal considered an appeal of a trial judge's interpretation of a will.

In Durand v. Durand et al., the Court of Queen's Bench of Manitoba considered an application to remove a co-executor of an estate on the grounds that his ownership of a corporation was at odds with his fiduciary duty to the beneficiaries.

In Arena Estate (Re), 2020 ABQB 206, the Court of Queen's Bench of Alberta considered whether a collection of letters, written by a woman with Alzheimer's disease, constituted a valid will.

The New Brunswick Court of Queen’s Bench had strong words, in Jensen v. Jensen, 2020 NBQB 8, when it recently handed down a contempt order to an executor in an estate dispute.

In Maloney v. Maloney, 2019 ONSC 5632, the Superior Court considered a motion related to an estate administration held up by a notice of objection.

In Guz v Olszowka, 2019 ONSC 5308, Justice D.A. Broad considered motions related to a dispute over two properties inherited by two sisters.

In Grewal v. Litt, the Supreme Court of British Columbia varied a will that divided a couple's estate unevenly between their sons and daughters.

In Muchmaker Estate (Re), 2019 ONSC 59, the court had to interpret a provision in the deceased's secondary will for determining the purchase price of his business, among other issues.