5.34: Service of expert’s report
5.39: Use of expert’s report at trial without expert

Case Summary

The Executor of the Plaintiff Estate brought an Application seeking an Order allowing for the distribution of the Estate. Ms. Ivany, the daughter of the Testator, had previously brought a Dependants Relief Application. The Dependants Relief Application had been struck from the list as Ms. Ivany had not filed a Brief. Additionally Ms. Ivany did not appear for Questioning after being served with an appointment for the same.

The Court held that the evidence before the Court was insufficient to allow for a determination. In particular, Ms. Ivany relied upon a letter from a doctor outlining that she was not capable of handling work related responsibilities. The Court held that this was not evidence as it was not sworn, and was not converted to evidence by being attached to a signed Form 25. The Court directed Ms. Ivany to take specific steps, failing which an Order would be granted for the distribution of the Estate.

View CanLII Details