Purcell et al. v. M.R.S. Trust Co. et al., [2004] O.T.C. 823 (SC)

• Judge: G.R. Morin, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: June 30, 2004
• Jurisdiction: Ontario
• Citations: [2004] O.T.C. 823 (SC)

Purcell v. MRS Trust, [2004] O.T.C. 823 (SC)

MLB headnote and full text

Temp. Cite: [2004] O.T.C. TBEd. SE.059

Arlene Dorothy Purcell and the Estate of Rodney Craig Nixon (applicants) v. M.R.S. Trust Co. and Frances Mary Nixon (respondents)

(Court File No. 170/04 Perth)

Indexed As: Purcell et al. v. M.R.S. Trust Co. et al.

Court of Ontario

Superior Court of Justice

G.R. Morin, J.

September 20, 2004.

Summary:

This headnote contains no summary.

Family Law - Topic 853

Husband and wife - Marital property - Distribution orders - Contracting out - Effect of (incl. as a bar to further applications) - See paragraphs 1 to 13.

Family Law - Topic 3266

Separation agreements, domestic contracts and marriage contracts - Enforcement - Distribution of property - See paragraphs 1 to 13.

Wills - Topic 99

Testamentary instruments - Designation of beneficiary of specific assets - Revocation of designation - See paragraphs 1 to 13.

Wills - Topic 100

Testamentary instruments - Designation of beneficiary of specific assets - Registered retirement savings plans - See paragraphs 1 to 13.

Cases Noticed:

Burgess v. Burgess Estate et al. (2000), 139 O.A.C. 159; 12 R.F.L.(5th) 23 (C.A.), refd to. [para. 10].

Counsel:

Bridget T.C. Quinn, for the applicants;

Timothy N. Sullivan, for the respondent, Frances Mary Nixon.

This application was heard on June 30, 2004, by G.R. Morin, J., of the Ontario Superior Court, who delivered the following decision on September 20, 2004.

Please note: The following judgment has not been edited.