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Digest of the Week Archives : 2017

Presumption of destruction with intention to revoke can be rebutted by evidence showing on balance of probabilities that testatrix did not destroy will or intend to revoke it

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Father was aware that expenses were being incurred and was prepared to accept certain expenses but made no payment

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In a judgment relating to a would- be walrus kidnapping, the Ontario Court of Justice reviews the principles relating to e-discovery regime.

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Testator changed his views in 2008 as he faced his own mortality and it was not unreasonable to accept that life-changing diagnosis may cause person to change plans, particularly considering that common law spouse was 11 years younger than testator

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Forcing daughter to attend program did not protect daughter’s psychological and emotional safety, security and well-being

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Significant and disqualifying conflict of interest existed between executor in capacity as executor and trustee of deceased’s estate, and executor’s capacity as beneficiary seeking to enforce for personal financial benefit testamentary variation made two days before death of deceased

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Husband’s loss of his permanent employment and his inability to find new permanent employment that paid amount approaching his prior income over past three years constituted material change in circumstances sufficient to vary quantum of spousal support

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Digest of the Week | Failure to Pay Interim Support

Husband’s action in failing to pay interim child and spousal support and in not pursuing or perfecting appeal on timely basis disentitled him from continuing with appeal

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Digest of the Week | Applicant Sought Sole Custody of Remains

Widow sought to be granted sole custody of deceased’s remains

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Digest of the Week | Incapacity and Guardianship

Mother, age 90, suffered from Alzheimer’s disease -- Her four children could not agree on her care -- M and A applied for declaration of mother’s incapacity and their appointment as guardians of her personal care and property

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Digest of the Week | Costs Against a Personal Representative

Daughter failed in her role as fiduciary towards her father, and defendants’ posture amounted to more than mistake

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Digest of the Week | Compensation for Estate Trustees

Trustees were entitled to reimbursement for disbursements but not to compensation, as they had not presented time dockets and had engaged in troubling conduct with suggestions about trust that were contrary to beneficiary’s interests

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