McGrath v. Joy

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeGillese,Nordheimer,Trotter
Citation2022 ONCA 119
Docket NumberC68977
Date10 February 2022

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
11 practice notes
  • McGrath v Joy
    • Canada
    • Court of Appeal (Ontario)
    • January 25, 2023
    ...Procedure, r. 57.03(1). E.E. Gillese J.A. “” Gary Trotter J.A. “” I.V.B. Nordheimer J.A. “” 1 2022 ONCA 119 In the Estate of Joseph Philip Joy, deceased Between Michael Ronald McGrath Applicant (Appellant/Responding Party) and Joanne Joy, Dexter ......
  • Forde v Dockery
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 14, 2024
    ...wishes. Those wishes must be shown to be the product of a sound and disposing mind as described above. … Also see Joy Estate v. McGrath, 2022 ONCA 119, at para. 50. 102 This test for testamentary capacity was re-stated in Stekar v. Wilcox, 2017 ONCA 1010, at para. 14: The test for testament......
  • Ferris v Ferris
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 4, 2025
    ...to be engaged: Sawdon, at paras. 93-100 and 107. 12 In his costs submissions, CF references the more recent decision of McGrath v. Joy, 2022 ONCA 119 (CanLII). In McGrath, the appellate court overturned the lower court's finding that a suicide note was not a codicil. The Court found that th......
  • Pletch v Pletch Estate
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 18, 2024
    ...ordering the estate to pay the balance of the estate trustee's costs”: Sawdon Estate, at para. 99. 52 More recently in McGrath v. Joy, 2022 ONCA 119, 471 D.L.R. (4th) 211, at paras. 94-95, Gillese J.A. expanded upon the circumstances in which a blended costs order would be appropriate by se......
  • Get Started for Free
10 cases
  • McGrath v Joy
    • Canada
    • Court of Appeal (Ontario)
    • January 25, 2023
    ...Procedure, r. 57.03(1). E.E. Gillese J.A. “” Gary Trotter J.A. “” I.V.B. Nordheimer J.A. “” 1 2022 ONCA 119 In the Estate of Joseph Philip Joy, deceased Between Michael Ronald McGrath Applicant (Appellant/Responding Party) and Joanne Joy, Dexter ......
  • Forde v Dockery
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 14, 2024
    ...wishes. Those wishes must be shown to be the product of a sound and disposing mind as described above. … Also see Joy Estate v. McGrath, 2022 ONCA 119, at para. 50. 102 This test for testamentary capacity was re-stated in Stekar v. Wilcox, 2017 ONCA 1010, at para. 14: The test for testament......
  • Ferris v Ferris
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 4, 2025
    ...to be engaged: Sawdon, at paras. 93-100 and 107. 12 In his costs submissions, CF references the more recent decision of McGrath v. Joy, 2022 ONCA 119 (CanLII). In McGrath, the appellate court overturned the lower court's finding that a suicide note was not a codicil. The Court found that th......
  • Pletch v Pletch Estate
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 18, 2024
    ...ordering the estate to pay the balance of the estate trustee's costs”: Sawdon Estate, at para. 99. 52 More recently in McGrath v. Joy, 2022 ONCA 119, 471 D.L.R. (4th) 211, at paras. 94-95, Gillese J.A. expanded upon the circumstances in which a blended costs order would be appropriate by se......
  • Get Started for Free
1 firm's commentaries
  • The Problem With "Do-It-Yourself" Or Holographic Wills In Ontario
    • Canada
    • Mondaq Canada
    • December 18, 2023
    ...ONSC 4881 at paras 31-32. 11. 2003 CanLII 7157 (ON CA) at para 14. 12. Laframboise, supra note 8 at para 21. 13. Ibid at para 25. 14. 2022 ONCA 119 at para 15. Ibid at para 67. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should......