“Case Summary: Estate of Viola Mildred Binkley”, Deadbeat, Ontario Bar Association, May 2010
Date:
May 28 2010
In the recent Ontario Superior Court decision of Land v. Binkley Estate [2009] O.J. No. 5876, the “loser pays” principle was applied against the respondents who unsuccessfully opposed the will rectification application brought by the estate trustee.
This article examines the costs consequences of parties who oppose will rectification in circumstances where the evidence is strong and overwhelmingly in favour of it.
Published in the Ontario Bar Association newsletter, Deadbeat, May 2010.
Read more by clicking the download button.