GORDON ESTATE (RE), 2023 ABKB 132
7.2: Application for judgment
7.3: Summary Judgment (Application and decision)
The Respondent contested the validity of the deceased’s will (the “Deceased’s Will”) on the basis the deceased lacked testamentary capacity at the time his will was prepared and executed which was purportedly a result of undue influence (the “Validity Application”). The Applicant applied for Summary Dismissal pursuant to Rules 7.2 and 7.3, to dismiss the Validity Application.
The Court reviewed the applicable considerations for Summary Judgment as set out in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd., 2019 ABCA 49.
The Court determined that the record it had before it was comprehensive, noting that: four Affidavits had been proffered (the “Affidavits”) including one from the lawyer who assisted in the preparation and execution of the Deceased’s Will (the “Lawyer”), the Affidavits had been questioned on; and the Lawyer’s entire file relating to the Deceased’s Will had been produced as had the deceased’s medical records for the relevant period.
The Court additionally found that the Respondent’s proposed expert evidence did not justify a full Trial. Accordingly, the Court determined that the available record in the Summary Dismissal Application was sufficient to determine the matter summarily.View CanLII Details