Case Law

In Scurek v. Scurek, 2021 BCCA 178, the Court of Appeal for British Columbia reviewed a case in which the trial judge varied the testator's will to give a larger share to the testator's daughter.

In Re: Lacroix Estate, 2021 ONSC 2929, the Superior Court considered the case of a holograph will prepared by a terminally ill woman in the hospital, who was unable to see her lawyer due to COVID-19 restrictions. The court ultimately found the will invalid.

In Moses v. Moses, 2021 ONSC 587, the S.C.J. considered whether a son had standing to challenge his father's will, given that the father's previous will also left nothing to his son.

In Barsoki v. Wesley, 2020 ONSC 7407, the SCJ looked at a will with some less-than-clear provisions that gave the deceased's friend an unclear proprietary interest in her home.

In Viertelhausen v. Viertelhausen, 2020 ONSC 6744, the Ontario Superior Court considered an application to remove an estate trustee due to an alleged conflict of interest and personal animus.

In McAndrew Estate (Re), 2020 ABQB 614, the Court of Queen's Bench of Alberta considered the validity of three wills made by a woman diagnosed with dementia.

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.