KYRYLCHUK v. COX, 2017 SKQB 353

JurisdictionSaskatchewan
JudgeCHICOINE J.
Citation2017 SKQB 353
Docket NumberQBS 63 of 2015
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Date30 November 2017
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6 practice notes
  • Digest: Kyrylchuk Estate, Re, 2018 SKQB 132
    • Canada
    • Saskatchewan Law Society Case Digests
    • May 1, 2018
    ...that they should show cause why the grant should not be revoked and the will proved in solemn form. The application was dismissed (see: 2017 SKQB 353). The defendants argued that the plaintiff was trying to relitigate issues already decided against him. The plaintiff agreed that the validit......
  • Digest: Richardson v Hooker Estate, 2018 SKQB 201
    • Canada
    • Saskatchewan Law Society Case Digests
    • July 18, 2018
    ...Estate, [1996] 10 WWR 375, 147 Sask R 14, 13 ETR (2d) 211 Kapacila Estate v Otto, 2010 SKCA 85, 359 Sask R 84 Kyrylchuk v Kyrylchuk, 2017 SKQB 353, 288 ACWS (3d) 200 Royal Trust Corp. of Canada v Ritchie, 2007 SKCA 64, 293 Sask R 238, 33 ETR (3d) 159 Schwartz v Schwartz (1970), 1970 CanLII ......
  • KYRYLCHUK v. COX, 2018 SKQB 132
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • May 1, 2018
    ...is attempting to relitigate issues already decided against him in a judgment of Justice Chicoine reported at Kyrylchuk v Kyrylchuk, 2017 SKQB 353 [Validity [3] Joseph argues the Executors take too narrow a view of his Statement of Claim [Claim]. Joseph agrees Justice Chicoine has decided Mi......
  • Kyrylchuk v Kyrylchuk Estate, 2020 SKCA 62
    • Canada
    • Court of Appeal (Saskatchewan)
    • May 20, 2020
    ...that the Respondents be required to prove the will in solemn form. That application was dismissed on November 30, 2017 (Kyrylchuk v Cox, 2017 SKQB 353 [Will Validity Decision]). [10] Following the Will Validity Decision, the Respondents brought an application to strike Joseph’s claim on the......
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4 cases
  • KYRYLCHUK v. COX, 2018 SKQB 132
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • May 1, 2018
    ...is attempting to relitigate issues already decided against him in a judgment of Justice Chicoine reported at Kyrylchuk v Kyrylchuk, 2017 SKQB 353 [Validity [3] Joseph argues the Executors take too narrow a view of his Statement of Claim [Claim]. Joseph agrees Justice Chicoine has decided Mi......
  • Kyrylchuk v Kyrylchuk Estate, 2020 SKCA 62
    • Canada
    • Court of Appeal (Saskatchewan)
    • May 20, 2020
    ...that the Respondents be required to prove the will in solemn form. That application was dismissed on November 30, 2017 (Kyrylchuk v Cox, 2017 SKQB 353 [Will Validity Decision]). [10] Following the Will Validity Decision, the Respondents brought an application to strike Joseph’s claim on the......
  • RICHARDSON v. HOOKER, 2018 SKQB 201
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • July 16, 2018
    ...to the will. [32] I also note the reasoning in Re deBalinhard Estate, 2014 SKQB 162, 447 Sask R 172 [deBalinhard] and Kyrylchuk v Cox, 2017 SKQB 353. In both cases, the court found the evidence of undoubted substance abuse and cognitive issues did not tend to demonstrate the testator lacked......
  • KYRYLCHUK v. COX, 2019 SKQB 214
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • September 5, 2019
    ...Kyrylchuk, unduly influenced their uncle to intentionally disinherit him. Justice Chicoine, in his 45-page fiat of November 20, 2017 [2017 SKQB 353], stated his conclusion [95] In the final analysis, Michal Kyrylchuk’s right to gift his property to whomever he chose must be respected. Josep......
2 books & journal articles
  • Digest: Kyrylchuk Estate, Re, 2018 SKQB 132
    • Canada
    • Saskatchewan Law Society Case Digests
    • May 1, 2018
    ...that they should show cause why the grant should not be revoked and the will proved in solemn form. The application was dismissed (see: 2017 SKQB 353). The defendants argued that the plaintiff was trying to relitigate issues already decided against him. The plaintiff agreed that the validit......
  • Digest: Richardson v Hooker Estate, 2018 SKQB 201
    • Canada
    • Saskatchewan Law Society Case Digests
    • July 18, 2018
    ...Estate, [1996] 10 WWR 375, 147 Sask R 14, 13 ETR (2d) 211 Kapacila Estate v Otto, 2010 SKCA 85, 359 Sask R 84 Kyrylchuk v Kyrylchuk, 2017 SKQB 353, 288 ACWS (3d) 200 Royal Trust Corp. of Canada v Ritchie, 2007 SKCA 64, 293 Sask R 238, 33 ETR (3d) 159 Schwartz v Schwartz (1970), 1970 CanLII ......

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