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ARTICLE · 11 OCTOBER 2022

Court Of Appeal Summaries (October 3 - 7, 2022)

Blaney McMurtry LLP
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Following are this week's summaries of the Court of Appeal for Ontario for the week of October 3, 2022.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Good afternoon.

Following are this week's summaries of the Court of Appeal for Ontario for the week of October 3, 2022.

In Johnson v. Johnson, 2022 ONCA 682, a daughter of a testator was left out of the will, and as a result, sought to challenge the will's validity. The Court confirmed that there is a minimum evidentiary burden to require proof of a will in solemn form as set out in the framework in Neuberger v. York, 2016 ONCA 191. As set out in Neuberger "proving a will in solemn form requires the propounder of a will to prove, in open court upon notice to all parties having a financial interest in the estate, that the will was duly executed, the testator had testamentary capacity and that the testator had knowledge and approval of the contents of the will... The court will also address allegations of undue influence and suspicious circumstances" in the course of such a hearing. A court on a will challenge maintains discretion in the weighing the parties'

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