7.2: Application for judgment
7.3: Summary Judgment (Application and decision)

Case Summary

The Applicant sought Summary Judgment dispensing with the Respondent’s position contesting the validity of a will. Justice Armstrong noted that Rules 7.2 and 7.3 govern the availability of Summary Judgment. After identifying the relevant jurisprudence, Justice Armstrong stated that the evidentiary record before the Court was comprehensive and adequate to support a Summary Judgment.

After considering the evidence, Justice Armstrong concluded that the will met the formal requirements for validity, that the Respondent was unable to rebut the presumption of testamentary capacity, and that there was no undue influence on the deceased. As a result, Justice Armstrong found that the will was valid and awarded Summary Judgment to the Applicant.

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