McGrath v. Joy
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Gillese,Nordheimer,Trotter |
| Citation | 2022 ONCA 119 |
| Docket Number | C68977 |
| Date | 10 February 2022 |
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11 practice notes
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McGrath v Joy
...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 ......
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Forde v Dockery
...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......
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Ferris v Ferris
...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......
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Pletch v Pletch Estate
...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......
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10 cases
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McGrath v Joy
...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 ......
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Forde v Dockery
...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......
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Ferris v Ferris
...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......
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Pletch v Pletch Estate
...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......
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1 firm's commentaries
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The Problem With "Do-It-Yourself" Or Holographic Wills In Ontario
...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......