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Monthly Archives: February 2018
2 ResultsThe Utility (or lack thereof) of Extrinsic Evidence when Interpreting a Will
by: Ronald Neal, February 9, 2018
Can one rely on extrinsic evidence (i.e. evidence that relates to a will but is not contained in it) to establish the intentions of a testator? This was a question recently considered by the Ontario Superior Court of Justice in Campbell v. Evert [1]. Background Dr. Ewert had two children, Monica and Peter. Dr. Ewert…read more
The Claim Not Taken.
by: Ronald Neal, February 5, 2018
The Ontario Court of Appeal’s reasoning in Bennett v. Bennett Estate[1] is illustrative of the fact that if one is faced with two means of advancing a claim (whether they diverge in a yellow wood or not is not important here), one must be careful when deciding which claim to make. Moreover, the claim must…read more