SCHNEIDER v HOMENICK

The Appellant challenged the Chambers Judge’s Decision interpreting her mother’s will, which resulted in certain farmland passing to the children of her deceased brother under Section 32(1)(b) of the Wills and Succession Act. The Appellant also applied under Rule 14.45 to admit new evidence concerning a previously unknown third child of the deceased brother.

The Court allowed the new evidence, finding it credible and relevant under the test in Palmer v The Queen, [1980] 1 SCR 759. While the Appeal was dismissed, the issue of the third child’s potential entitlement was remitted to the Court of King’s Bench for further consideration. The Court emphasized procedural fairness and encouraged the parties to resolve the matter outside of litigation.